What is a post-divorce modification?

A post-divorce modification is a change to a Final Decree of Divorce that is made after the divorce is already final. In Virginia, post-divorce modifications can be sought in a number of different areas, such as custody, visitation, support, division of property, and alimony. When making such a request, both parties must agree to the modification. If one party does not agree, then the petitioner may file a motion with the court and attend a hearing in order to establish the facts and make a case for the requested change. Once both parties agree to the requested change, or the court orders a modification, the court will issue a new Final Decree of Divorce reflecting the changes. It is important to note that post-divorce modifications are not meant to be used as a way to contest the original divorce judgement. It is only meant to address circumstances that have changed significantly since the divorce. This could include a move to another state, the loss of a job, a child’s changing needs, or any other unforeseen circumstances. If the change requested is unrelated to the circumstances that were present at the time of the divorce, then the court is unlikely to grant the request.

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What is a post-divorce modification?

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