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  • John C. Whitbeck, Jr.

    Partner

    John C. Whitbeck, Jr. practices in the following areas of law: Family Law, Divorce, Child Custody, Child Support, Visitation Rights, Adoptions, Spousal Support, Mediation, Arbitration, Relocation Cases, Domestic Violence, Criminal Law, DUI/DWI, Reckless Driving, All Felonies, All Misdemeanors, Juvenile Crimes, Mental Health Law, Civil and Business Litigation, Construction Litigation, Education Law, Election Law, Debt Collection, Consumer and Lemon Law.

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  • Ruth M. McElroy

    Partner

    Ruth M. McElroy practices in the following areas of law: Family law, Divorce, Child Custody, Child Support, Visitation Rights, Adoptions, Spousal Support, Relocation Cases, Pre and Post Marital Agreements, Domestic Violence, Reckless Driving, DUI/DWI, Juvenile Crimes, Felony and Misdemeanor Crimes, Traffic Offenses, Debt Collection, Civil and Business Litigation. She serves the Virginia Court system as a Guardian ad litem.

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  • Jennifer D. Cisneros

    Partner

    Jennifer D. Cisneros practices in the following areas of law: Family law, Divorce, Child Custody, Child Support, Visitation Rights, Adoptions, Spousal Support, Relocation Cases, Domestic Violence, Juvenile Crimes, Reckless Driving, DUI/DWI, Estate Planning, Wills and Probate, Trusts, Civil and Business Litigation and Debt Collection.

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Virginia Post-Divorce Modifications

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The majority of outstanding issues in your divorce may be negotiated between you and your ex. This can include alimony, child support and custody, etc. Those issues that cannot be resolved between you will be decided on by the judge prior to issuing the final divorce decree.

However, what was in everyone’s best interests at the time of the divorce may change down the line. You might be wondering whether there is a way to change certain terms of the divorce after the final divorce decree has been issued. Virginia courts recognize that no one’s situation is likely to always remain the same. Therefore, they allow a former spouse to request a modification to prior court agreements.

Don’t get too excited yet, as the court doesn’t automatically approve a request for changes. In general terms anything to do with a child can be modifiable by the Court but financial matters having to do with property are final decisions.  There are eligibility qualifications and a modification process that you must go through. It’s important to have a Leesburg divorce attorney on your side, as this can be a complex process. At Whitbeck Cisneros McElroy PC, we have years of experience helping Virginia clients seek modification orders after their final divorce decree.

Situations that Can Lead to Post-Divorce Support and Custody Modifications

Before filing for a support or custody modification of your divorce, you have to understand what types of situations could qualify for a modification order. These can include:

  • Your employer is requiring you to relocate to another state.
  • You suffered a major reduction in salary that makes support payments much more difficult.
  • Your child was injured or has an illness that now requires additional and/or more expensive treatment than when you divorced.
  • There is evidence of child neglect or abuse.
  • You have health issues or were injured, and it affects your ability to take care of your child.
  • You are unable to fulfill the terms of a previous court order.
  • Military orders require you to be stationed further away from the previous location, which means there may need to be changes to orders regarding child custody and visitation schedules.

Courts are looking for situations that show substantial changes, not a short-term or temporary setback. The family court judge will take a look at all of the circumstances of both parties when determining whether or not a modification order should be granted. When a child is involved, the judge will look at whether there has been a change in circumstance and what is in the best interests of the child/children.

Contact a Virginia Divorce Modification Attorney

If you have questions about divorce modifications and whether or not your situation qualifies, you need to speak with an experienced Leesburg divorce modification attorney. Contact Whitbeck Cisneros McElroy PC today at 703-997-4982 to schedule an initial consultation. Our team of Leesburg divorce attorneys have years of experience helping Virginia residents protect their interests. Let us see how we can help you pursue the necessary changes to your original divorce settlement.

https://www.whitbecklegal.com/usfspa-and-military-divorces-in-virginia/

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Governor Northam’s Executive Order 53 provides that businesses that offer professional rather than retail services may remain open. Our firm is continuing to operate to ensure you and your family have advocates available for whatever legal issue you face. For clients who prefer, we can arrange meeting by Zoom or other video-conferencing. We are also implementing internal procedures to provide a safe environment in the office. Please contact us at 703-777-1795 or schedule an appointment today!