Opposing a Motion Filed Against You

Learn how to prepare and file a written “opposition” to a motion that the other party filed against you. If you don’t file an opposition, the other party might win automatically!

Before you begin:

FYI!

If you are an active military service member, you may be able to ask the court to “stay” the proceedings if your military service prevents you from being able to participate in the case. See the Information For Active Military Members to learn more about this.

Follow these steps to respond to a motion:

1. Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your opposition.

2. File the forms. Turn in your completed forms by mail or efiling.

3. Serve the other party. You are responsible for serving the other party with a copy of your filed forms, usually by mail or e-service.

4. Get ready for the hearing. Make sure you know how to prepare for court.

5. Prepare an order. After the judge makes a decision, someone has to write up the decision into a formal court order.

Learn more about each step below.

1. Fill out the forms

You will need to complete an Opposition, a Motion/Opposition Fee Information Sheet, and a Financial Disclosure Form (if there are financial issues for the judge to decide).

Financial Disclosure Form

This form is required if you or your ex-spouse are asking to change any financial orders, such as child support or spousal support. You must attach your three most recent paystubs to this form.

Motion / Opposition Fee Information Sheet

This form is always required. This form tells the Clerk of Court whether you have to pay a filing fee. There is typically a $25 filing fee to file your opposition. If you originally got a divorce by filing a Joint Petition for Divorce, the Court will charge an additional $57 the first time you file an opposition as part of a reopened case.

The Opposition

One of these forms is required. Choose the one that best matches the type of motion the other party filed.

Opposition to Motion to Modify Custody, Visitation, and Child Support: This opposition may be used to respond to the other parent’s request to change the custody or visitation schedule and/or child support.

Opposition to Motion for Permission to Relocate: This opposition may be used to respond to a parent's request to relocate with the children.

Opposition to Motion to Modify Child Support and/or Spousal Support: This opposition may be used to respond to a person’s request to change the child support and/or alimony order.

Opposition to Motion for School Selection: This opposition may be used to respond to the other parent's request to have the child enrolled in a particular school.

Opposition to Motion for Contempt: This may be used if the other party filed a motion claiming you are violating a court order.

Opposition to Motion to Set Aside Default, Decree, or Order: This is to oppose a motion the other party filed asking the court to set aside or "undo" a default, decree, or order.

Generic Opposition: If you were served with a motion about something other than the topics above, you can file an opposition using the “Generic Opposition” form below. You must include a summary of the legal basis for your opposition, explain the reason you are opposing the motion, and state what you would like the judge to order.

FYI!

If you want to file exhibits to support your motion or opposition, download and complete an Exhibit Appendix. Each exhibit must be identified in the table of contents, and every exhibit must be separated by a blank page that says "Exhibit __" with the number of the exhibit inserted.

2. File the forms

Just like with your initial documents, you can file the Opposition, the Motion/Opposition Fee Information Sheet, and the Financial Disclosure Form in one of these ways:

If the other party did not request a hearing but you did, the court will issue a Clerk's Notice of Hearing setting a court date.

3. Serve the other party

It is up to YOU to serve the documents; the court does not serve the documents for you.

All of the documents you filed (and the Clerk's Notice of Hearing if one was issued) must be served on the other party, or, if the other party is represented by an attorney, you must serve the attorney. This is to make sure the other party knows what you are filing and has a chance to respond to your papers. You must serve the papers within 3 days of filing the documents.

How to Serve the Papers: