How do I modify a divorce decree?

In Virginia, modifying a divorce decree is possible, although how it is done depends on the circumstances surrounding the divorce. For example, if the parties decide to modify voluntarily, all parties must sign an agreement to the changes the document. If both parties agree, then the change can be done relatively quickly. If the parties can not agree on the changes, then the divorce decree may need to be modified formally in court. In order to do this, the party desiring the change must file a motion for modification with the court. This motion must include the reasons for the change and the specific changes the party is seeking. The court can then review the motion and make a decision. In some cases, the court may require the parties to go to mediation or counseling before they can modify the divorce decree. If the decree is modified in court, then the court will issue an amended decree that replaces the old decree. Finally, it should be noted that in Virginia, modifications to a divorce decree can only be made in certain situations. A court will not change the amount of child support or spousal support if both parties agreed to the amount when the decree was signed. In addition, the court may not modify custody agreements if the agreements are working and the children are healthy and safe.

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