Filing the Annulment Papers
Make sure you read through the Annulment Overview section to make sure you understand the differences between an annulment and a divorce, and be sure you understand the grounds you will have to prove. If you believe that you have grounds to ask a Nevada court for an annulment, there are number of steps you must take to pursue an annulment case.
On this page, you can learn how to:
After you complete the steps on this page, a copy of the summons and complaint (and anything else you filed) must be hand-delivered to your spouse (the “Defendant”). The Court does not serve the papers for you. It is up to YOU to make sure your spouse gets served after you file for annulment.
To open an annulment case, you will need to file these four forms:
This form asks for basic information about you, your spouse, and any children that you and your spouse have together. You are the Plaintiff and your spouse is the Defendant. The Clerk of Court uses this information to open your case.
This form tells the judge and your spouse the grounds you are alleging to get an annulment, and what you want out of the annulment. You are the Plaintiff and your spouse is the Defendant. You will check boxes and fill in blanks to tell the judge and your spouse things like:
- The reasons you are asking for an annulment (be sure to review the Grounds for Annulment to understand the legal reasons a court may grant an annulment)
- What kind of child custody / visitation schedule you would like (if there are children)
- How much child support should be ordered (if there are children)
- If you want to have a former name restored
- If the annulment is denied, whether you would like the judge to grant you a divorce instead. NOTE: If a divorce is granted instead, you can make requests regarding dividing any property and debts, and whether alimony should be awarded (property issues like these are not addressed in the event of an annulment).
Make sure you understand the basic annulment concepts listed above before filling out your Complaint for Annulment. Visit the Annulment Overview and Custody Overview pages for more information. You can also attend a class for FREE where you can learn the basics of family law matters. Although there is no annulment class, the divorce class covers the same general issues. 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.
Be sure to fill out all of the sections. If you leave something blank, the judge will not know what you are asking for, and it may slow down your case.
If you and your spouse have children together, fill out the “Complaint for Annulment – With Children.” If you do not have children together, fill out the Complaint for Annulment – No Children.”
This form tells your spouse that you have filed for an annulment. The form also tells your spouse that he or she must file a response within 21 days, or a default may be entered against them.
You can request this injunction when you file your papers. The injunction prevents both you and your spouse from doing the following while the case is going on:
- You cannot hide, sell, or dispose of community property.
- You cannot cancel or change the beneficiaries on any retirement accounts or insurance plans.
- You cannot harass each other, the children, each other’s relatives, or family pets.
- You cannot relocate the children out of Nevada without written permission.
You will be legally prevented from doing all of the above things as soon as the Joint Preliminary Injunction is issued by the Clerk. Your spouse will be legally prevented from doing these as soon as he or she is served with the papers.
If you would like this injunction issued, you must file a written request asking the Clerk of Court to issue one. Fill out the request below, and the Clerk will issue a detailed injunction when you file.
The fee to file these papers is $269. 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 these ways:
By Mail: Mail your forms and the filing fee (with check or money order made out to Clerk of Court) to:
Family Courts and Services Center
Attn: Clerk of Court
601 North Pecos Road
Las Vegas, NV 89101
- Online: You can file online through the court's e-filing system, eFileNV. 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.
- In person at the Family Courthouse (check our How to File page for hours and more information).
The Court does not serve the papers for you. It is up to YOU to make sure the Defendant gets served after you file or your case could get dismissed.
After you complete the steps above, you must find a neutral 3rd person to hand-deliver a copy of the summons and complaint (and anything else you filed) to the Defendant. You must make sure Defendant gets served within 120 days of when you filed your papers, or else your case will get dismissed.
The server must fill out an Affidavit of Service form. File the completed form as soon as possible after service is done.
There are other options if the Defendant cannot be found or served in person. Learn how to have the Defendant served by visiting the Serving the Papers page in the divorce section of this website. Although it is in the divorce section, the rules and procedures are the same.
Once your spouse has been served with the annulment papers, you will have to wait and see what your spouse does before you know what your next step will be. You can learn about the possible next steps in the Divorce: Now What section of this website. Although it is in the divorce section, the rules and procedures are the same.