How to Write a Motion for a Contested Divorce Hearing
Through the course of a typical contested divorce a number of contentious issues typically resolve at a hearing before the judge. By definition, a contested divorce is one in which the parties dispute major issues. A judge on her own volition normally does not pick and choose what issues she considers in most cases. Rather, one or another of the parties in a divorce case bring particular issues before the judge in the form of written motions. If you seek a divorce, you must understand how to write a motion for a contested divorce. You need to know how to bring major issues in your divorce case before the judge for resolution and determination.
Other People Are Reading
Instructions
-
-
1
Obtain from the clerk of the court's office either samples or standard forms for the most common types of motions used in a divorce case. The clerk's office also maintains guidelines setting forth how you pursue and file motions in that particular court.
-
2
Determine what specific issues need to come before the judge for decision. Common matters dealt with during the course of a divorce case include issues surrounding finances and others pertaining to children.
-
-
3
Prepare an individual motion addressing each of the major issues that need to be decided by the court. In most jurisdictions you cannot file a combined motion addressing a variety of topics. Rather, you must submit one motion to the court for each general matter requiring court action. For example, you file a separate motion seeking enforcement of a temporary parenting time (or visitation) order and another motion to address non-payment of temporary child support.
-
4
List specifically the facts supporting your contentions in a motion. If the subject is child support enforcement during a divorce case, enumerate precisely how and why your spouse is not complying with standing orders of the court.
-
5
Ask directly for the relief you desire from the court. For example, if your spouse is not in compliance with a temporary visitation order, request the judge to enforce the provisions of the initial order and to penalize your spouse for any future noncompliance.
-
6
File the motion with the clerk of the court. At the time you file the motion, the clerk of the court will provide you with the date and time for a hearing. Alternatively, hearing information may be provided by the judge's administrative assistant.
-
1
Tips & Warnings
Be concise, and provide all essential information in your motion.
Understanding how to write a motion for a contested divorce hearing is not the easiest task in the legal arena. You need to consider seriously hiring a divorce lawyer to represent your interests to ensure that your motions and other actions properly are pursued in court.
