File a Motion to Go Back to Court

Parties sometimes need to ask a judge to make changes after the divorce is finished. This page explains the process to get your case back in front of the judge to request changes.

Before you begin:

If you and the other party can agree to the changes, you can can Submit a Stipulation and Order that includes your agreement and gets entered into your case as a new order. If you need to work out custody or visitation changes, you may be able to do that through the Family Mediation Center instead.

Follow these steps to file a motion:

1. Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your motion.

2. File the forms. Turn in your completed forms by mail or efiling.

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.

1: Fill out the forms

AUTOMATED FORMS INTERVIEW AVAILABLE!

If you are reopening a divorce case, there is an automated interview available that will complete a Motion to Modify Custody, Visitation, and/or Child Support for you after you answer some questions. At the end of the interview you will have to print/save your forms to file in person.

For a motion to change custody, visitation, or child support orders, click here and select the "FAMILY LAW CASES: Motion to Modify Child Custody, Visitation, and Child Support" interview. It is best to use Chrome or Firefox (Safari is not recommended and not supported).

You will need to complete a Motion and a Motion/Opposition Fee Information Sheet. You may also need to fill out a Financial Disclosure Form if there are financial issues for the judge to decide.

Motion / Opposition Fee Information Sheet

This form is always required. This form tells the Clerk of Court whether you have to pay a filing fee. There is typically a $25 filing fee due when you file your motion. If you originally got a divorce by filing a Joint Petition for Divorce, the Court will charge an additional $129 the first time you file a motion and reopen your case.


The Motion

One of these forms is required. Select only one to file.

Motion to Modify Custody, Visitation, and/or Child Support: This motion is for parents who want to change the custody or visitation schedule, and/or child support.

Motion for Permission to Relocate: This motion is for parents who want to relocate with the children out of the state of Nevada or within Nevada to a place so far away it would significantly impair the other parent's ability to maintain a relationship with the child.

Motion to Modify Child Support and/or Spousal Support : This motion is for a party who wants to change the child support and/or alimony order. Be sure to also file a Financial Disclosure Form to support your request.

Motion for School Selection: This motion is for either parent to ask the judge to determine what school a child should attend if the parents cannot agree.

Motion to Set Aside Default, Decree, or Order: This motion is for a party who has defaulted (meaning, the clerk entered a default against the person for not responding to the complaint by the deadline), or anyone who wants a final order undone because the order was obtained by fraud, mistake, misrepresentation, etc.

Generic Motion: If you want to file a motion about something other than the topics above, you can file a motion using the “Generic Motion” form below. You must include a summary of the legal basis for your motion, explain the reason you are filing the motion, and state what you would like the judge to order.

Financial Disclosure Form

This form is required if you are asking to change any financial orders, such as child support or spousal support. You must attach your three most recent paystubs to this form.

FYI!

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.

2: File the forms

Just like with your initial documents, you can file the papers in one of these ways:

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

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

3: Serve the Other Party

It is up to YOU to serve the documents; the court does not serve them for you. If you do not follow this step properly, the judge may cancel your hearing.

What to Serve: You must serve a copy of all the documents you filed plus the Clerk's Notice of Hearing within 3 days of filing the documents. Send a copy of the documents to the other party, or, if the other party is represented by an attorney, to the attorney.

How to Serve the Papers: