Filing for Divorce Together
Filing for Divorce Together
Make sure you understand the basic divorce concepts before filling out any forms. There is a FREE DIVORCE CLASS where you can learn the basics of divorce law and court procedures. Classes are available to anyone, regardless of income, and regardless of whether you have an attorney. Classes are offered in English and Spanish. Visit Free Classes for more information.
If you and your spouse both agree that ending a marriage is best for both of you, you may be able to file a Joint Petition for Divorce. This is the quickest and easiest way to get divorced in Nevada. However, you and your spouse must have a full agreement on all of the following:
- The legal custody, physical custody, and visitation schedule for any minor children;
- Who will pay how much in child support;
- Who will provide health insurance for the children;
- How to divide the property;
- How to divide the debts;
- Whether one spouse will receive alimony and if so, how much and for how long; and
- Whether the wife wants to return to a former or maiden name.
If you and your spouse can reach an agreement on all of the issues above, you can file together for divorce. You likely will not have to appear in court to obtain your divorce, since judges often sign these kinds of divorce decrees without a hearing.
Follow these steps to get a Joint Decree of Divorce:
When you file a Joint Petition, you give up certain rights that you would otherwise have:
- The right to appeal the divorce decree
- Notice of Entry of Decree of Divorce (this triggers deadlines for an appeal, but since you are waiving the right to appeal, you do not need the formal Notice of Entry).
- The right to request that the judge make certain findings of fact and conclusions of law relating to your agreement in the Joint Petition.
- The right to move for a new trial.
ALL OF THE FOLLOWING DOCUMENTS MUST BE COMPLETED in order to file a Joint Petition for Divorce. Do not skip any documents, or your filing may be rejected by the Court.
- Family Court Cover Sheet
- Affidavit of Resident Witness
- Joint Petition for Divorce
- Decree of Divorce
- Confidential Information Sheet
- Seminar for Separating Parents Certificate ("COPE" class) (if you and your spouse have minor children)
AUTOMATED FORMS INTERVIEW AVAILABLE!
For spouses who have no minor children and would like to file for divorce together, there is an automated interview available that will complete your forms for you after answering some questions. To use the automated interview, please click here and select the "Joint Petition for Divorce (No Children)" interview.
At the end of the interview you will have to print your forms, have both spouses sign and notarize the forms, and then file them with the family court.
This form asks for basic information about you, your spouse, and any children that you and your spouse have together. If you have any other cases at family court that include your spouse and/or your children (for example, child support cases, TPOs, etc.), be sure to fill out the second page with as much information about those cases as you can. The Clerk of Court uses this information to open your case and to make sure all of your cases are heard by the same judge. This form is REQUIRED.
One spouse must be a Nevada resident in order to file for divorce in Nevada. The Affidavit of Resident Witness is the proof that one of the spouses has lived in Nevada for at least 6 weeks before filing for divorce and intends to remain here. If you are both Nevada residents, pick one person to name as the Nevada resident and be sure to name that same spouse throughout all of your documents. You will need to ask a friend, coworker, or family member who sees you 3-4 times per week to complete the Affidavit of Resident Witness. This form is REQUIRED.
The Joint Petition tells the judge how you and your spouse have agreed to settle your divorce. It includes your full agreement to everything in the divorce, such as custody, visitation, child support, division of property and debts, alimony, and whether the wife will return to a former name. You and your spouse must complete every section, and you both must sign the Joint Petition in front of a notary. This form is REQUIRED.
If you and your spouse cannot agree on everything in this form, you may have to file for divorce separately. See Filing for Divorce On Your Own for more information.
The judge will sign the Decree of Divorce when your divorce is approved. Both spouses must complete and sign the Decree of Divorce before the judge can sign. This form is REQUIRED.
You are not divorced until the judge signs the Decree and it is filed with the Clerk of Court.
This form discloses both spouses' social security numbers (which is required for everyone filing for divorce) and helps parents with child support enforcement in the future if needed. This form is REQUIRED.
If there are minor children, both parents must complete a seminar for separating parents (formerly known as the "COPE" Class and file a certificate of completion. You will receive a certificate of completion after you attend the class. For more information, see Seminar for Separating Parents.
After you fill out the papers above, you will need to file them with the family court to open up a case. The fee to file these papers is $299. The fee is payable by cash, money order, or most major credit/debit cards. If you cannot afford the fee, please see Filing Fees and Waivers to find out how to ask the court to waive the fee.
You can file your papers one of three ways:
In Person: Bring your filing fee and the forms to the Family Courts and Services Center. You will be able to file your papers in person at the Clerk’s Office. The Clerk’s Office is open Monday – Friday from 9:00 a.m. to 4:00 p.m, but you must arrive by 3:40 p.m. to see a Clerk before closing. Be sure to arrive before then.
By Mail: If you cannot come to the court during business hours, you can mail your forms and the filing fee to:
Family Courts and Services Center
Attn: Clerk of Court
601 North Pecos Road
Las Vegas, NV 89101
- Online: Many documents can be filed online through the court's e-filing system, eFileNV (although some documents must be filed in person). There is a fee of $3.50 to upload your documents, in addition to the regular filing fee. You must register for an account, you must provide a valid email address, and you must be able to scan and upload your documents. The Confidential Information Sheet must be filed in person. The Decree of Divorce cannot be filed online since the judge has to sign it first; you will have to bring the Decree of Divorce to the courthouse either in person or by mail.
If you efile your papers, you are agreeing to be served with future legal documents by email. If you do this, you must keep your email address updated with the Court, and you must make sure emails from the e-filing system do not go into your “spam” folder.
Make 3 copies of your filed Joint Petition after it is processed by the clerk. The copies should have a case number and a filing date on the first page. Make 2 copies of the Decree of Divorce. Attach one copy of the filed Joint Petition to the original Decree of Divorce and to both copies.
To complete the divorce, submit the following to the judge assigned to your case:
- One copy of all of your filed documents;
- Your original Decree of Divorce with a copy of the filed Joint Petition attached (there should be a case number and a filing date on the first page of the Joint Petition);
- Two copies of the Decree of Divorce with a copy of the filed Joint Petition attached.
You can bring the documents to the courthouse and drop them in the judge’s drop box located on the third floor of family court, or you can mail everything to the court.
The judge will review your papers, and if everything is completed properly and the judge approves of your agreement, the judge will sign your Decree of Divorce. The judge's staff might call you when the Decree is signed so you can pick it up and file it yourself, or the judge's staff might send the Decree of Divorce to one of the spouses in the mail.
Whoever gets the final Decree is responsible for the following:
- Make sure the Decree is "filed" at the Clerk's office, since the filing date is the date the divorce is final. Some judges file the Decree for you, and some expect you to file it yourself. If you receive a decree that has a date on the upper right corner of the first page, the Decree is already filed. But if you receive the original Decree with no markings on the first page, it will be your job to file it at the Clerk's Office.
- Mail a copy of the filed Decree to the other person. After mailing, fill out a Certificate of Mailing and file it with the court to prove that both parties have a copy.
Your divorce is final on the date your Decree of Divorce is “filed” with the Clerk – not the date the judge signs the Decree! Look at the upper right corner of the first page of Decree of Divorce to find the filing date. Do not get remarried until you know for sure that your Decree of Divorce is “filed” with the court.