How to File a Motion for Contempt in a Divorce Case
Contempt motions are legal requests to have a judge enforce a signed or verbal order. During a divorce, if one of the parties has chosen to shirk the orders of the divorce judge, a motion for contempt can be filed.
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Instructions
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Locate the divorce case number. It's usually on the original divorce petition.
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Determine the contempt action that has prompted the need for a new motion. A motion is simply a request to be heard from the presiding judge in the case, to tell the judge what part of an order is not being followed by the other party and the remedies that are requested.
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Use a sample motion document to formulate your contempt motion.
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Formulate your motion using the evidences of what has happened in your case. For those that are not represented by an attorney, most judges will accept a simple letter (affidavit) stating why a hearing is requested and what remedies are sought. This affidavit should be notarized.
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Send a copy of your motion by certified mail to the other party in the case. Have a sheriff's deputy serve the paperwork if the individual refuses to accept the letter.
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Go to the court with your proof of receipt and a copy of the affidavit and file it with the court clerk. After the affidavit is received, contact the judges secretary to schedule a motion for contempt hearing.
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