Motions (and Oppositions) for Temporary Orders
It may take a while until your divorce case is finished and the judge enters all the final orders. If there are some issues that you would like the judge to sort out while you are waiting for the final divorce, you can find information on this page about how to get temporary orders in place, and how to respond to a motion for temporary orders filed against you.
Before you begin:
- Is this page for me? This page is for people who already have a divorce case open, or who are about to file a Complaint to open a case. If you do not yet have a case filed or ready to file, visit How to File for Divorce.
- What is a motion and an opposition? A “motion” is a written request that asks the judge to make some orders and your reasons why. It is more detailed than the initial paperwork filed in the case. An "opposition" is the other party's response. The parties are required to serve copies of their filed motion or opposition on the other party; the court does not serve them.
- Who can file a motion? Either party. But the court rules require you to try and solve the issue privately with the other party first. If you do not and the judge thinks you could have resolved this without filing a motion, you could be sanctioned.
- Will there be a hearing? It's up to you. The motion can request a hearing or ask the judge to issue a written decision without a hearing. If the motion does not ask for a hearing, the opposition can.
- What issues can a temporary orders deal with?
- Temporary Child Custody and Visitation: The judge can put a temporary custody and visitation schedule in place so you and the other parent know when the children should be with each parent.
- Temporary Child Support: A judge can set temporary child support based on the temporary custody and visitation schedule.
- Temporary Spousal Support (Alimony): If one spouse needs financial help during the divorce, the other spouse might be ordered to pay temporary alimony.
- Temporary Exclusive Possession of the House: A judge can decide which spouse should temporarily live in the house if the parties are unable to live together during the divorce.
- How long do temporary orders last? These are temporary and are meant to provide some guidance while the case is going forward. The final orders are decided when you and the other parent settle the case, or at trial.
Follow these steps to file a motion or an opposition:
1. Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your motion/opposition.
2. File the forms. Turn in your completed forms by mail, efiling, or in person to the Clerk of Court.
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.
AUTOMATED FORMS INTERVIEW AVAILABLE!
If you want to file a motion for temporary custody, visitation, child support,alimony, or possession of the home, there is an automated interview available that will complete your forms for you after you answer some questions. To use the automated interview, please click here and select the "FAMILY LAW CASES: Motion for Temporary Orders" interview. It is best to use Chrome or Firefox (Safari is not recommended and not supported). At the end of the interview you will have to save your forms and then file them with the family court.
The individual forms are below if you prefer to fill them out separately.
The Motion / Opposition Fee Information Sheet
This form is required. It tells the Clerk of Court whether you have to pay a filing fee. If you have already paid your initial appearance fee, there is usually no additional fee to file a motion or opposition for temporary orders because it is a “motion filed before final divorce,” and therefore excluded from the usual filing fees.
The Motion / Opposition
One of these forms is required. Select the one that best matches the issues you want the judge to address.
FYI!File a "motion" if you are the one who wants to set a court date. File an "opposition" if you received a motion from the other party and want to respond. If you filed the original motion, and the other party filed an opposition that you would like to respond to, you can file a Reply to Opposition / Countermotion (pdf fillable) where you can let the judge know any additional facts to support your case.
For Married Parents: This motion and opposition may be used by parents who want temporary orders regarding custody, visitation, child support, spousal support, and/or possession of the home.
For Married Spouses (no child-related issues): This motion and opposition may be used by spouses who do not have children together, or who do not need the judge to issue any orders regarding the children. The forms ask the judge to set temporary alimony orders and determine who should temporarily live in the home while the divorce is pending.
Permission to Relocate with a Child: If you need the court's permission to move out of Nevada or to a place inside Nevada that is fairly far away from the other parent, you can file a Motion for Permission to Relocate instead of the above motions. The forms can be found here.
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.
The Financial Disclosure Form
This form is required if you or your spouse are asking for any financial orders, such as child support, spousal support, exclusive possession of the house, or anything else that has to do with finances. Attach your three most recent paystubs to this form.
Just like with your initial documents, you can file the papers in one of three ways:
- Online through eFileNV.
- Mail (Family Court, 601 North Pecos, Las Vegas, NV 89101).
- In person at the Family Courthouse (check our How to File page for hours and more information)
When you file a motion, the Clerk will file a Clerk's Notice of Hearing. This sets the court date, or if you did not request a hearing, it will set the date when the judge will review your motion to make a written decision. Save this document.
If there is an emergency, you can file additional documents asking the judge to hear your case sooner. Use the following instructions and forms to ask the judge to hear your case quickly.
OST Instructions - detailed steps about the process
Ex Parte Application for an Order Shortening Time (pdf fillable) - file this with your other forms
Order Shortening Time (pdf fillable) - fill this out and email it to the judge for consideration
This step and the Certificate of Service form below are required! If you do not follow this step properly, the judge may cancel your hearing.
All of the documents you filed must be served on the other parent, or, if the other parent is represented by an attorney, the documents must be served on the attorney. It is up to YOU to serve the documents; the court does not serve them for you.
What to Serve: You must serve the papers within 3 days of filing the documents.
- A copy of the motion/opposition.
- A copy of the Clerk's Notice of Hearing.
- A copy of your Financial Disclosure Form if you filed one.
- A copy of your Exhibit Appendix if you filed one.
- A copy of anything else you filed.
How to Serve the Papers:
- Electronic: If the other party is registered with the court's e-service program, you will be able to electronically serve the documents at the time of filing.
- By Mail: If the other party has not registered with eFileNV, you will have to send the documents through the U.S. Mail (you can send them by regular mail, there is no need to send them by certified mail).
- If you are the Plaintiff and have not yet served the complaint and summons, these forms should be personally served along with your complaint and summons.
Once you serve the documents, you must fill out a Certificate of Service that states when, where, and how you served the documents. The Certificate of Service form is required and must be filed before the court date!
You can find answers to common questions about service on the Frequently Asked Questions: Service page.
If one of the parties requested a hearing, plan to participate in that hearing.
You can appear by phone or video for most hearings. Fill out one of the following forms and file it at least a week ahead of the hearing to request permission to attend your hearing by video or telephone if you prefer. Learn more about video and phone appearances on the court's informational page.
If you want to attend the hearing in person, plan to arrive at least 20 minutes early to have enough time to park, get through security, and find your courtroom. Check in with the marshal at the courtroom when you arrive.
It is a good idea to review some tips on how to Represent Yourself in Court before you attend the hearing.
At the hearing, the judge will tell you his or her decision on the issues, but those orders are not enforceable until they are written into an official order form and signed by the judge. The judge will usually pick one party to “prepare the order.” It is that person’s responsibility to prepare the written order from the hearing, submit it to the judge for review, and send a copy to the other party. The instructions and forms needed to do this are below.