Nevada · automatic orders · verified 2026-09-28

Nevada’s “automatic” injunction is not automatic. Somebody has to ask.

Clark County’s Joint Preliminary Injunction is requested so routinely that almost everyone calls it automatic. Its own first words say otherwise.

In twenty-two states, filing for divorce puts a restraint on property in place by itself. Nevada is not one of them, and the reason it is so often listed as one is a single clause at the start of a Clark County rule.

What the rule actually says

“Upon the request of any party at any time prior to the entry of a decree of divorce or final judgment, a preliminary injunction will be issued by the clerk against the parties to the action enjoining them … from: (1) Transferring, encumbering, concealing, selling, or otherwise disposing of any of the joint, common, or community property”EDCR 5.518(a), Eighth Judicial District Court, Clark County

The restraint itself is broad and it is issued by the clerk rather than a judge, which is why it feels automatic in practice. But a party has to ask for it. If nobody asks, nothing is in place, and the file will not tell you that anything is missing.

The practical version

If you are filing in Clark County, ask for the Joint Preliminary Injunction. It is routine, it costs nothing extra, and your lawyer will almost certainly do it without being told. If you are filing without a lawyer, it is the single easiest thing to leave out.

And if you are the spouse who has just been served, the question to answer is not “is there an injunction in Nevada”. It is “did anybody request one in this case”.

Washoe County is the same

The Second Judicial District’s Rule 11 deals with mutual property restraints by excusing a party from giving notice when seeking one ex parte. That is a rule about how you ask, which presupposes that you ask.

And statewide, Nevada requires a showing

“If, after the filing of the complaint, it is made to appear probable to the court that either party is about to do any act that would defeat or render less effectual any order which the court might ultimately make concerning the property … the court shall make such restraining order”NRS 125.040

“Made to appear probable to the court” is a case-specific finding. It is the opposite of automatic, and it is the reason we record Nevada as a state where filing restrains nothing.

Why this matters more than it sounds

A wrong answer here does not feel wrong. Somebody in Las Vegas reads that Nevada has an automatic injunction, files, and believes the house is protected. Nobody tells them it is not, because nothing has gone wrong yet — and the thing that would go wrong is silent until it has already happened.

This is a two-minute fix at the point of filing and an unfixable problem afterwards, which is the worst shape a piece of legal information can have.

Sources, read 28 September 2026: Rules of Practice for the Eighth Judicial District Court, Rule 5.518 · NRS Chapter 125 · Second Judicial District Court rules. Note that the copy of the Eighth District rules hosted on the Legislature’s own site does not contain Rule 5.518 and appears to predate it; we read the court’s own current PDF. How the other forty-nine states handle this. Corrections at thecusp.app/corrections.