Divorce cases in Nevada can take months — or in contested matters, more than a year — to reach a final resolution. During that pendency period, families need immediate answers to critical questions: Who stays in the family home? Who pays the bills? Who has custody of the children? What happens with health insurance? Nevada family courts address these urgent needs through temporary orders — court-ordered interim arrangements that govern the parties’ rights and responsibilities from the filing of the case through the final divorce decree. Hauser Family Law helps Las Vegas and Henderson clients obtain favorable temporary orders quickly at the start of their divorce proceedings.
What Temporary Orders Can Address
Nevada courts issue temporary orders under NRS 125.040 and related statutes, covering a wide range of issues that arise at the start of a divorce case. Temporary orders can address: use and possession of the family home (who stays during the proceeding, regardless of whose name is on the deed); temporary child custody and parenting time (legal and physical custody arrangement during the case); temporary child support (calculated using the Nevada child support formula applied to current income); temporary spousal support/alimony (payments to maintain both spouses’ standard of living while the case is pending); payment of ongoing household expenses, mortgage payments, and utilities; health insurance continuation requirements; and restraining orders prohibiting dissipation of marital assets or interference with children.
How to Obtain Temporary Orders in Nevada
Temporary orders in Nevada divorce cases are obtained by filing a Motion for Temporary Orders and an accompanying supporting declaration (affidavit) with the Clark County Family Court. The motion is set for a hearing before the family court judge assigned to the case. In emergency situations involving domestic violence, immediate danger to the children, or imminent asset dissipation, the court can issue emergency ex parte temporary orders without notice to the other spouse — but these orders must be followed promptly by a hearing at which both parties can present evidence. Temporary order hearings are often the first substantive court appearance in a divorce case and can significantly influence the final outcome.
Temporary vs. Permanent Orders — The Precedent Effect
While temporary orders are technically interim and subject to modification at the final hearing, in practice they exert strong influence on the final decree. A custody arrangement that has been in place for six months under a temporary order has established the status quo, and courts are reluctant to disrupt stability for children without a compelling reason. A temporary spousal support amount may set expectations that become difficult to revise downward at final hearing. This “shadow effect” of temporary orders makes the initial motion critically important — getting the best possible temporary arrangement from the start is not just about the months before trial, it’s about influencing where the case ultimately settles.
Joint Preliminary Injunction and Asset Protection
In most Nevada divorce cases, a Joint Preliminary Injunction (JPI) is issued automatically at the start of the case. The JPI prohibits both parties from: transferring, encumbering, hypothecating, concealing, or disposing of community property (with normal-course-of-business exceptions); canceling or changing beneficiary designations on life insurance, retirement accounts, or annuities; canceling, modifying, or allowing to lapse health insurance coverage; and taking the children out of the jurisdiction without the other parent’s consent or court order. The JPI gives both parties immediate legal protection against the kinds of destructive conduct that can inflict irreversible damage during a contested divorce.
Contact Hauser Family Law for Temporary Order Assistance
The quality of your temporary orders can shape the entire trajectory of your divorce case. Hauser Family Law files compelling motions and prepares clients for temporary order hearings in Clark County Family Court. Call (702) 867-8313 for a free consultation.