The action comes days after The Star-Ledger of Newark and the New York Post reported that a former campaign aide said he had engaged in sexual threesomes with the couple.
The former governor confirmed the comments. /*Dina Matos McGreevey*/ denied it.
The divorce between the nation's first openly gay governor and his estranged wife has been bitter and the judge has repeatedly urged the couple to resolve their differences.
The pair are due back in court on Thursday.
Information from: The Star-Ledger, http://www.nj.com/starledger