Often, the courts can take months before finalizing a divorce. To take care of pending issues, such as visitation, where the children live and how much is paid in child support, parents in Nevada can ask the court for a temporary order. Temporary orders remain in effect until the court enters a permanent order or modifies its order.
Filing a Motion for a Temporary Order
Both the plaintiff and the defendant can file a motion for a temporary order. Once the motion is filed and served on the other party, the other party can file a written opposition. Both parties will have to go to court on the hearing date, and the judge will ask a variety of questions to determine what temporary orders should be put in place. The most common issues raised in motions for temporary orders include child custody, visitation and child support. Filing a motion for a temporary order can done via snail mail or electronically.
Emergency Temporary Custody
In emergency situations, such as when one parent threatens to remove the child from the state or domestic violence exists, a parent can file an ex parte motion for temporary custody. Based on the evidence presented at the ex parte hearing, the judge will make a temporary determination. Each parent can request temporary custody, even when there is no emergency. The court has the power to turn a temporary order into a permanent one and to change the order based on newly acquired evidence presented at future hearings for permanent custody.
When to Ask for a Temporary Order
When one of the divorcing spouses moves out of the home, there are basically two choices: reach an agreement about child custody, child support, spousal support and how expenses will be shared or go to court and have a judge decide. Some divorcing spouses are able to do this and write up a temporary agreement themselves. However, if these issues cannot be agreed upon, it's time to ask for a temporary order.
What to Expect at the Hearing
The hearings for temporary orders may be held in the judge's courtroom. The judge will listen to your testimony, witness testimony and review any written evidence. If a request is being made for temporary child support, copies of income and expense budget will be required. The judge will ask the parties questions and refer to state guidelines on recommended child support. The judge will make a final ruling. The judge's temporary order will stay in effect only until the divorce is finalized.
All around, temporary orders are a smart choice when one needs a quick decision from a judge regarding who gets the money in bank accounts, the kids and the car and for those who need child support money and spousal money right away. A temporary order can also prevent one spouse from selling off assets.