01
Custody
The legal and physical custody arrangement, when a child's needs or a parent's situation has changed.
Monday - Friday8:30AM - 5PM
OfficesFairfax | Manassas | Fredericksburg
Collaborative Divorce / Modifications
Modifications · Virginia
Life changed. The order can too.
An order entered years ago does not have to fit your life forever. When circumstances shift, custody, support, and parenting plans can be reworked through a collaborative process, even if your original divorce was a courtroom fight.
First call is a conversation, not a commitment.
The Short Answer
Custody, support, and parenting plan modifications often run well through a collaborative process, even when the original divorce was litigated. The parties keep their own attorneys and work together to adjust the order, rather than returning to a contested court fight.
How It Works
A second chance at a calmer process.
Court orders are built for the day they are entered, but life keeps moving. A parent gets a job in another city. A child's needs change as they grow. Income rises or falls. When the arrangement that once worked no longer fits, the order can be modified. What many people do not realize is that the modification does not have to be a fight, even if the original divorce was.
You are not locked into how the divorce went
Some of the best candidates for a collaborative modification are people whose original divorce was a brutal litigation. Years have passed, the heat has cooled, and the practical problem in front of them, adjusting a schedule or updating support, does not need another war. The collaborative process offers a way to handle the change cooperatively, which is usually faster, cheaper, and far less damaging than walking back into a courtroom. The way you divorced does not dictate the way you modify.
What can be reworked
The most common modifications involve custody and parenting time, child support, and spousal support. A move, a new job, a change in a child's schooling or health, or a shift in either parent's circumstances can all justify revisiting the order. Through a collaborative process, the parties and their attorneys work through the change together and arrive at revised terms that fit the new reality.
How it becomes official
The negotiation happens collaboratively, but the result does not just sit in a drawer. The agreed change is submitted to the court so that it becomes a new, enforceable order. The collaborative process produces the agreement, and the court gives it legal force, exactly as with an original settlement. You get the benefit of a cooperative process and the security of a binding order.
Why it tends to work for modifications
By the time a modification comes up, both people usually share a practical goal: get the order to match reality without burning time and money. That shared interest is exactly what the collaborative model is built around. For parents especially, handling the change cooperatively also protects the co-parenting relationship they will keep relying on, rather than reopening old wounds in front of a judge.
What can changeCustody and parenting time, child support, and spousal support.
Common triggersA move, a new job, a child's changing needs, a shift in income.
The original caseCan be reworked collaboratively even if the divorce was litigated.
Made officialThe agreed change is entered by the court as a new, enforceable order.
SourceVirginia Collaborative Law Procedures Act, Va. Code §§ 20-168 to 20-187.
A Litigated Divorce Does Not Mean A Litigated Modification
Some of the best candidates for a collaborative modification are people whose original divorce was a courtroom battle. The heat has cooled, and the practical change in front of them rarely needs another fight.
Source: Va. Code §§ 20-168 to 20-187
Corrie Sirkin, Esq.Founding Partner
Attorney Insight
A few honest things about modifications.
"People assume that because their divorce was a war, the modification has to be one too. Years later, that is rarely true."
I have helped people modify orders that came out of bitter litigation, and what strikes me is how often both sides are simply tired of fighting by then. They have a concrete problem, a move, a job, a kid who is older now, and they want it solved without lighting everything on fire again. Collaborative is well suited to that. I always tell clients that a genuine emergency or a safety issue belongs in court, but for an ordinary change in circumstances, handling it cooperatively usually saves money and protects whatever working relationship they have left. The court still makes it official, so the result is just as binding.
Questions Families Ask
Plain answers about modifications.
These are the questions clients ask most about changing an order after the divorce. If yours is not here, we are happy to answer it directly.
Have a specific question?
Call 571.260.0999 or send us a message.
Can collaborative be used for modifications after the decree?
Yes. Custody, support, and parenting plan modifications often run well through a collaborative process, even when the original divorce was litigated. The parties keep their own attorneys and work together to adjust the order, rather than returning to a contested court fight.
Does it matter if the original divorce was litigated?
No. A collaborative modification can work even when the original divorce was a courtroom battle. The change in circumstances is what matters, and many former spouses find that a cooperative process for the modification is far less costly and damaging than another round of litigation.
What kinds of orders can be modified collaboratively?
Custody and parenting time, child support, and spousal support are the most common. When circumstances change, such as a move, a new job, or a child's evolving needs, a collaborative process can rework the arrangement and have the revised terms entered as a modified order.
Does a collaborative modification still go through the court?
The negotiation happens collaboratively, but the agreed change is submitted to the court so it becomes a new, enforceable order. The collaborative process produces the agreement; the court gives it legal force, just as with an original settlement.
When You Are Ready
Update the order without the fight.
Tell us what has changed, and we will help you decide whether a collaborative modification is the right way to bring your order in line with your life today. Three offices across Northern Virginia, one phone number.