How to File a Motion Without a Lawyer

What Is a Motion?

A motion is a formal written request asking the judge to take a specific action. It's how you ask the court for something — more parenting time, enforcement of an order, temporary orders, a schedule change, anything.

Parts of a Motion

Every motion has the same basic structure:

1. Caption

The top of the document includes:

Court name and address
Case number
Names of the parties
Title of the document (e.g., "Motion for Modification of Custody")

2. Introduction

One paragraph stating who you are, what you're asking for, and the legal basis:

"Respondent [Your Name] respectfully moves this Court for modification of the custody order dated [date], pursuant to [your state's family code section], based on a material change in circumstances."

3. Statement of Facts

Chronological, factual narrative of what happened and why you're filing. Include:

Relevant dates and events
Specific facts supporting your request
References to evidence you're attaching

4. Legal Argument

Why the law supports your request. Reference your state's family code where applicable. Nolo.com can help you identify relevant statutes.

5. Prayer for Relief

The specific orders you're asking the court to make. Be precise:

"Respondent requests that this Court: (1) modify the current custody order to provide Respondent with parenting time every other weekend; (2) order the parties to use a co-parenting communication app; (3) award Respondent attorney fees and costs."

6. Declaration

A sworn statement (signed under penalty of perjury) setting out the facts from your personal knowledge. This is your testimony in writing.

7. Exhibits

Attach supporting evidence: communications, records, photos, etc. Label each exhibit (Exhibit A, Exhibit B, etc.) and reference them in your declaration.

Filing Procedures

E-Filing Systems

Many states now require or allow electronic filing:

California: courts.ca.gov/selfhelp-efiling.htm
Texas: eFileTexas.gov
Florida: MyFloridaCourtAccess.com
New York: NYSCEF
Ohio: Varies by county — search [county] Ohio clerk of courts e-filing

In-Person Filing

If e-filing isn't available:

Bring the original motion plus 2–3 copies
Go to the clerk's office for your court
Pay the filing fee (or submit a fee waiver application — ask the clerk)
The clerk stamps your copies and returns them

Service Requirements

After filing, you MUST serve the other party:

Personal service (someone over 18 who isn't you delivers the papers)
Mail service (with proof of mailing in some jurisdictions)
Electronic service (if both parties have agreed to it)

The clerk can explain your state's specific service requirements.

Common Mistakes That Get Motions Rejected

Wrong form: Using the wrong court form for your request
Missing information: Leaving blanks empty instead of writing "N/A"
No proof of service: You must prove the other party received the motion
Wrong court: Filing in the wrong jurisdiction
Missing filing fee: Without payment or an approved fee waiver
Too vague: Not being specific about what you're asking for

Resources for Templates

Family Law Self-Help Center — excellent motion templates usable as guides for any state
Your county court's self-help center — state-specific forms
Nolo.com — legal information and guidance

Next Steps

Identify the correct form for your motion (check your court's website)
Draft each section using the structure above
Have someone review it (a legal aid attorney, self-help center, or ABA Free Legal Answers)
File with the clerk and serve the other party
Prepare for your hearing date