Law & Legal & Attorney Wills & trusts

How to Respond to a Post Divorce Motion

    • 1). Read the motion or petition carefully. You have to answer without emotion -- in a professional manner.

    • 2). Copy the heading on the motion onto a blank piece of paper. You need to format your answer in the same manner as the motion. The heading always contains the court, jurisdiction, the parties and the case number.

    • 3). Center the title below the heading. It is usually bold face and underlined. The title of your response should be: Answer to [petitioner's/respondent's] [Petition/Motion] for [use the title from the motion or petition you were served with].

    • 4). Write the opening paragraph. This paragraph tells the court who you are and what you are filing. For example, "Comes now, the [petitioner/respondent, whichever you are], [your name], and files this, his Answer to [put full title of motion]."

    • 5). Create the body of the pleading. The body contains one allegation or response per paragraph. Each paragraph is numbered. In this particular case, follow the format of the motion you were served with. Each number will have one word -- either "Admitted" or "Denied." If you admit the allegation your wife made, write "Admitted." If not, write "Denied."

    • 6). Center the words "Certificate of Service" at the end of your response. The certificate is one paragraph and should read something like this: I HEREBY CERTIFY that a true and correct copy of the foregoing has been forwarded to [ex-spouse or her attorney, and address of person you are sending it to] on this [xx] day of [month], [year].

    • 7). Sign and date the answer. Make two copies -- one for you and one for your ex-spouse (or her attorney). Take the original to the clerk of court and file it. On the same day, mail the ex-spouse's copy to her or her attorney, if she has an attorney.

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