Virginia Divorce Law: Post Divorce Negotiation
Divorce cases in Virginia are all about dividing property that both spouses acquired during the marriage and deciding issues related to the children. However, sometimes decisions have to be made after the divorce is finalized based upon factors such as changes in the law, changing financial needs, and new issues that were not foreseen during the divorce process.
So how do spouses address issues that come up after a divorce, and what options do you have to fix issues that did not appear until after the divorce was finalized?
Virginia Divorces: Separation Agreement versus Court Order
The first thing you need to be aware of is what happens during a divorce process. The first step is to finalize the divorce. A divorce can be finalized either by an agreement between the parties submitted to the judge for approval or by having a judge decide how property is to be divided. If you are able to reach an agreement, then you can have a Separation Agreement drafted which both sides can sign.
However, if you are unable to come up with an agreement, then the judge will have a trial and enter a Final Decree of Divorce which details how the property will be divided.
It is important to understand this difference because your ability to change things post divorce may depend on whether you have a Separation Agreement or a Decree that came about from a trial. There may be more limitations if it was a decree than if it was a Separation Agreement.
Reasons to Modify a Separation Agreement
There are several scenarios where you may want to modify a Separation Agreement. For example, a change in income may require a reduction or increase in spousal support. Perhaps you and your ex-spouse are having problems selling the real estate and the Separation Agreement doesn’t say what needs to happen. Or maybe there has been a change in retirement benefits and now one of you are not getting what you expected out fo the retirement accounts.
So how do you modify a Separation Agreement to address these issues?
Modifications Post Divorce
Do you have a Separation Agreement or a final decree and you and your spouse agree that it needs to be modified? There are two major different ways of handling that issue. It largely depends on what needs to be modified. If you are seeking to modify spousal support, that is going to be more complicated than if you are seeking to modify an agreement on how real estate is to be sold.
If you are dealing with spousal support modifications, you need to make sure that any agreement you and your spouse come up with is approved by the judge. If you come to a private agreement to modify support but do not get judge approval, that may result in a nasty surprise several months later when your spouse attempts to enforce the original order.
It is far simpler to modify provisions related to dividing assets such as real estate. Courts offer more lattitude to parties who are trying to figure out how to handle post-divorce sale of real estate.
Why You Need a Divorce Lawyer
Whether you and your spouse have agreed to modify spousal support post-divorce or whether the old Separation Agreement is interferring with the sale of real estate, it is important to consult with a local divorce lawyer to discuss your options. You need to make sure that you follow the correct procedure and get the appropriate approvals before moving forward and relying on those agreements. Failure to go through the proper procedures could result in the post-divorce agreement being invalidated. Make sure you call a lawyer before modifying a Separation Agreement or Order after your divorce.