How to File a Divorce Motion
A divorce motion is a document asking the judge to make a specific ruling in your case. Motions may be used in divorce cases for a number of reasons, including child support and custody, alimony, property division, or to order the other spouse to comply with discovery requests and enforce orders that the court has already entered. Generally, both parties are permitted to file divorce motions at any time while the case is active.
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Instructions
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Research the rules of your state. Before you prepare your divorce motion to file with the court, you will need to research your jurisdiction's rules and verify that the contents of your motion are in compliance with the law.
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Draft your divorce motion and format it according to the guidelines of your state. When you make an argument in your motion, you will need to cite the statutes under which you are bringing your request. Also be sure to follow your state's formatting guidelines as stated in the rules for your jurisdiction.
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Sign and date the divorce motion. You will need to sign the original document that you are filing with the court and provide your contact information, including your full mailing address, phone number, fax number and email address.
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Serve a copy of the signed motion to your spouse or his or her attorney. Generally, you may serve him or her by mail, fax or hand delivery.
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Give a copy of your motion to the court clerk. In order for your divorce motion to be placed on the docket, you will need to file it with the court clerk's office. Generally, you will need to do this by mail or hand delivery.
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