What Documents I Need to Attach to a Family Law Financial Affidavit for a Divorce

It may accept a while until your divorce instance 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 concluding divorce, yous tin can find information on this page near how to get temporary orders in place, and how to respond to a motion for temporary orders filed against you.

Questions bw Before you lot 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 exercise non yet accept a instance 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 brand some orders and your reasons why.  Information technology is more detailed than the initial paperwork filed in the case. An "opposition" is the other political party's response.The parties are required to serve copies of their filed motility or opposition on the other party; the court does non serve them.
  • Who can file a movement?  Either party. But the court rules require you lot to try and solve the event privately with the other political party first.  If you do not and the guess thinks y'all could take resolved this without filing a motion, you could be sanctioned.
  • Will there be a hearing?  It's up to you.  The motion tin can request a hearing or enquire the guess to issue a written determination without a hearing.  If the motion does not inquire for a hearing, the opposition can.
  • What bug tin a temporary orders bargain with?
    • Temporary Child Custody and Visitation: The approximate 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 Kid Support: A gauge tin can set up temporary child support based on the temporary custody and visitation schedule.
    • Temporary Spousal Support (Alimony): If one spouse needs fiscal help during the divorce, the other spouse might be ordered to pay temporary pension.
    • Temporary Exclusive Possession of the House: A gauge can make up one's mind which spouse should temporarily alive in the business firm 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 last 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:

Copy bw 1. Fill out the forms. You have to make full out at least 2 forms, maybe more, to file your motion/opposition.

Clerk bw 2. File the forms.  Plow in your completed forms by mail, efiling, or in person to the Clerk of Court.

Service by mail bw iii. Serve the other political party.  You are responsible for serving the other party with a copy of your filed forms, normally by mail or e-service.

Court bw iv. Become ready for the hearing. Make certain you know how to gear up for courtroom.

Important bw 5. Fix an order. Later on the judge makes a conclusion, someone has to write up the determination into a formal courtroom order.

Larn more nigh each stride beneath.

Copy bw  1. Fill out the forms

AUTOMATED FORMS INTERVIEW Available!

If y'all want to file a motility for temporary custody, visitation, kid support,alimony, or possession of the home, in that location is an automatic interview available that will complete your forms for you lot later yous answer some questions.  To use the automated interview, please click here and select the "Family unit Police 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 so file them with the family court.

The individual forms are beneath if y'all prefer to fill them out separately.

The Motion / Opposition Fee Information Canvas

This form is required. It tells the Clerk of Courtroom whether yous have to pay a filing fee.  If y'all have already paid your initial appearance fee, there is ordinarily no boosted 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.

Motion / Opposition Fee Information Sheet (pdf fillable)

The Movement / 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 engagement.  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 yous can let the guess know whatever boosted facts to support your instance.

For Married Parents: This move and opposition may be used by parents who desire temporary orders regarding custody, visitation, kid support, spousal support, and/or possession of the habitation.

Motility for Temporary Custody, Support and/or Sectional Possession (pdf)

Motion for Temporary Custody, Support and/or Sectional Possession (pdf fillable)

Opposition to Motion for Temporary Custody, Support and/or Sectional Possession (pdf)

Opposition to Motion for Temporary Custody, Back up and/or Exclusive Possession (pdf fillable)

For Married Spouses (no child-related issues): This motion and opposition may exist used by spouses who do non have children together, or who exercise not need the judge to issue whatever orders regarding the children.  The forms ask the gauge to set temporary alimony orders and determine who should temporarily live in the dwelling house while the divorce is awaiting.

Motion for Temporary Spousal Support and/or Exclusive Possession (pdf)

Motion for Temporary Spousal Support and/or Exclusive Possession (pdf fillable)

Opposition to Motion for Temporary Spousal Support and/or Exclusive Possession (pdf)

Opposition to Motion for Temporary Spousal Support and/or Exclusive Possession (pdf fillable) 

Permission to Relocate with a Kid: If y'all need the court'due south permission to move out of Nevada or to a place inside Nevada that is fairly far away from the other parent, you lot can file a Motion for Permission to Relocate instead of the above motions. The forms can be found here.

The Financial Disclosure Form

This form is required if you or your spouse are asking for any financial orders, such every bit child support, spousal back up, sectional possession of the business firm, or anything else that has to do with finances. Attach your three well-nigh recent paystubs to this course.

Financial Disclosure Grade (pdf)

Financial Disclosure Form (pdf fillable)

Clerk bw  2. File the forms

Just like with your initial documents, you can file the papers in i of three means:

  • Online through eFileNV.
  • Mail (Family Court, 601 N Pecos, Las Vegas, NV 89101).
  • In person at the Family unit Courthouse (check our How to File page for hours and more information)

When y'all file a motion, the Clerk will file aClerk'due south Notice of Hearing.  This sets the court engagement, or if you did non request a hearing, it will set the engagement when the guess will review your motion to make a written conclusion.  Save this document.

If there is an emergency, you tin file boosted documents asking the judge to hear your case sooner. Apply the following instructions and forms to ask the judge to hear your instance quickly.

OST Instructions - detailed steps about the procedure

Ex Parte Application for an Order Shortening Time (pdf fillable) - file this with your other forms

Club Shortening Time (pdf fillable) - fill this out and email it to the guess for consideration

Service by mail bw  iii. Serve the other party

This stride and the Document of Service form beneath are required!  If you do not follow this step properly, the judge may abolish your hearing.

All of the documents you filed must exist served on the other parent, or, if the other parent is represented by an attorney, the documents must exist served on the chaser.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 motility/opposition.
  • A copy of the Clerk's Notice of Hearing.
  • A copy of your Financial Disclosure Form if yous filed one.
  • A copy of your Showroom 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 plan, yous will exist able to electronically serve the documents at the fourth dimension of filing.
  • Past Mail: If the other party has non registered with eFileNV, y'all volition accept to transport the documents through the U.South. Mail service (you can send them by regular mail, there is no need to ship them by certified postal service).
  • If you are the Plaintiff and have not still served the complaint and summons, these forms should be personally served along with your complaint and summons.

Once y'all serve the documents, you must fill up out a Certificate of Service that states when, where, and how you served the documents.The Document of Service course is required and must be filed earlier the courtroom date!

Certificate of Service (pdf)  Document of Service (pdf fillable)

You can discover answers to mutual questions well-nigh service on the Ofttimes Asked Questions: Service page.

Court bw  4. Go ready for the hearing

If i of the parties requested a hearing, plan to participate in that hearing.

You lot can appear by phone or video for most hearings. Fill out ane of the following forms and file it at to the lowest degree a calendar week ahead of the hearing to asking permission to nourish your hearing past video or telephone if you prefer.  Acquire more about video and phone appearances on the courtroom'southward informational page.

Phone Appearance Asking (pdf fillable)

Video Appearance Request (pdf fillable)

If you desire to nourish the hearing in person, program to arrive at least twenty minutes early to accept enough fourth dimension to park, go through security, and detect your court.  Check in with the align at the courtroom when you arrive.

Information technology is a good idea to review some tips on how to Represent Yourself in Courtroom before yous attend the hearing.

Important bw  five. Prepare an club

Do not use the "Lodge from Hearing" forms below if the guess granted a divorce at your hearing. In that example, see Getting the Final Decree for the correct forms and instructions.

At the hearing, the approximate will tell you his or her decision on the issues, but those orders are non enforceable until they are written into an official order form and signed past the judge. The judge volition commonly pick one party to "prepare the order." It is that person's responsibleness to prepare the written order from the hearing, submit it to the judge for review, and send a copy to the other political party.  You may want to look up your example to bank check the minutes and utilize those as a guide when filling out the order.   When completed, email the proposed order to the department your case is assigned to.  Insert the Department Letter of the alphabet for the "_" in the following format: This electronic mail address is being protected from spambots. You demand JavaScript enabled to view information technology. (i.due east., if sending to Dept Due east, it would be This e-mail address is being protected from spambots. You need JavaScript enabled to view it.).

Order After Hearing - With Children (word fillable)

Order After Hearing - With Children (both parties sign) (pdf fillable)

Order Subsequently Hearing - With Children (one party signs) (pdf fillable)

Guild After Hearing - No Children (word fillable)

Lodge After Hearing - No Children (both parties sign) (pdf fillable)

Guild After Hearing - No Children (one political party signs) (pdf fillable)

After you get the order signed past the judge, fill out the Notice of Entry of Order and attach a copy of the order.  You will take to serve the other party with a copy the same day you file it, so be certain to fill out the Certificate of Mailing at the bottom.

Notice of Entry of Order (pdf fillable)

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Source: https://www.familylawselfhelpcenter.org/self-help/divorce/going-to-court22/32-filing-motions-for-temporary-orders

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