Getting the Final Annulment Decree
Getting the Final Annulment Decree
The final step in an annulment case is having a judge sign a Decree of Annulment. This is the document that includes all of the terms of the annulment and legally ends the marriage. An annulment is not final until a judge has signed a Decree of Annulment and it is filed with the Clerk of Court.
If you are trying to get an annulment, you must File for an Annulment first. The information on this page is the last step that will not apply until you are at the point of finalizing your case. Do not follow these instructions until after you file all of the required documents to open a case and serve the other person.
- Prepare The Paperwork
- File the Documents
- Submit the Decree of Annulment to the Judge
- Wait for the Decree of Annulment
- File the Notice of Entry of Order
- Serve the Other Party
There are three different ways that a Decree of Annulment is usually granted:
Default: If the Defendant was served with the summons and complaint for annulment, but did not file any paperwork within 21 days, the Plaintiff can ask the court to enter a default and grant a final decree. The Plaintiff will usually have to go to a short hearing with the judge to have the final decree approved. If granted, the Plaintiff will typically get a Decree of Annulment that includes everything asked for in the complaint. Follow ALL of the steps below if you would like to get a Default Decree of Annulment.
Agreement: If both parties reach an agreement on all terms of the annulment after the case has been filed, they can prepare a final Decree of Annulment with their full agreement included. The Defendant must file an Answer and pay the filing fee to do this. Both parties must sign the Decree of Annulment, and may be able to submit the Decree to the judge for approval without a hearing. Start at Step 2 below to get the annulment finalized this way.
Trial or Hearing: When the judge grants an annulment at a trial or a hearing, the judge will issue all of the orders that are to be part of the final annulment. However, the annulment is not final until the written Decree of Annulment is signed by the judge. Usually, the judge tells one party to “prepare the decree.” Whoever was ordered to prepare the decree can start at Step 3 or 4 below to get the annulment finalized this way.
You are reponsible for preparing the final decree to finish your case. The steps below explain the different forms you must fill out and steps you must take in order to get the final decree approved.
The following steps and forms must be completed to get your final Decree of Annulment:
Default. If you are seeking a Default Decree (because Defendant did not file any paperwork within 21 days of being served), ask the Clerk of Court to enter a default against the Defendant.
The Plaintiff must complete the default and bring it to the Clerk’s Office for approval. You must enter the date the Defendant was served on this form; check the Affidavit of Service for the date if you do not remember. If Defendant was served by publication, the date of service is usually the last date listed under the publication dates on the Affidavit of Publication.
FYI!If Defendant made an appearance in the case (in some way that would indicate Defendant planned to participate in the case, such as signing a waiver), you must send the Defendant a 7 Day Notice of Intention to Enter Default Judgment after you get your default approved by the clerk. Complete the form, file it, and mail a copy to the Defendant.
After mailing, wait 3 business days for the mail to reach the Defendant, and another 7 days for the Defendant to file something to stop the final decree from being approved. If Defendant still does not file anything after those deadlines, you can turn in the final papers to get a final decree.
Summary Disposition Request. If you want a Decree of Annulment without having a hearing, fill out the Request for Summary Disposition and an Affidavit in Support. These forms ask the judge to approve of the Decree of Annulment without a hearing. Only one party needs to complete these forms (usually the Plaintiff).
Request for Summary Disposition (pdf fillable)
Affidavit in Support of Request for Summary Disposition - With Kids (pdf fillable)
Affidavit in Support of Request for Summary Disposition - No Kids (pdf fillable)
- Affidavit of Resident Witness. This step is only needed if you were married outside of Nevada. If the marriage took place in Nevada, this form is not needed. If the marriage took place in another state, one spouse must be a Nevada resident in order to get an annulment 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 annulment and intends to remain here. Ask a friend, coworker, or family member who sees the Nevada resident spouse 3-4 times per week to complete this form.
Confidential Information Sheet. This form discloses both spouses' social security numbers (which is required for everyone filing for annulment) and helps parents with child support enforcement in the future if needed.
Confidential Information Sheet - WITH CHILDREN (pdf fillable)
Confidential Information Sheet - NO CHILDREN (pdf fillable)
Seminar for Separating Parents ("COPE") Certificate. If there are children, complete the seminar for separating parents 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.
The Decree of Annulment. The Decree of Annulment is the final order that includes all the terms of the annulment. How you fill out the Decree of Annulment will depend on how you are getting the final decree:
- If you are getting a Default Decree: Everything in your proposed Decree of Annulment should match everything you asked for in your complaint.
- If both parties are signing the Decree: The Decree of Annulment must include all of the agreements between you and your spouse. You both must sign the Decree of Annulment.
- If you are submitting a Decree based on a hearing or trial: Everything in your proposed Decree of Annulment must match everything the judge ordered at your hearing. You should obtain a copy of the “minutes” from your hearing from the Court Records department. Make sure everything included in the minutes is included in the proposed Decree.
If the judge approved of a Parenting Agreement that you and your spouse mediated at FMC, you may want to attach the Parenting Agreement as an “Exhibit” to the Decree instead of the blank visitation schedule that is included with this form. This will make sure your full custody and visitation schedule is included in your final decree.
File all the documents above, except the Decree of Annulment, with the court (the decree must be brought or mailed to the judge). Just like with your initial documents, you can file the papers in one of three ways:
- In Person at the Family Courthouse.
- By Mail (Family Court, 601 North Pecos, Las Vegas, NV 89101).
- Online through eFileNV (the decree and some confidential documents cannot be filed online and will need to be submitted in person or by mail).
Bring your original Decree of Annulment and two copies to the Family Courthouse (or mail to 601 N. Pecos, Las Vegas, NV 89101). There is a Department Drop Box located outside the Self-Help Center on the 1st floor. Drop the Decree in the box.
The judge will review the Decree of Annulment, and if everything is completed properly, the judge will sign the Decree. The judge's staff might call you when the Decree is ready so you can pick it up and file it yourself, or the judge's staff might send it to you in the mail (it is usually mailed to the person who filled out the upper left corner of the first page). If there is a problem with the paperwork, you will receive a memo from the judge’s staff letting you know what needs to be fixed. You will have to fix the problem and resubmit the Decree of Annulment.
If the judge's staff tells you to set an "uncontested" or a "prove up" hearing, follow these steps:
Some judges want to see the parties in court to make sure there are proper legal grounds to grant an annulment. If the judge wants you to appear in court, you will need to set an "uncontested" hearing with the judge. You can do this by filling out a "Setting Slip" and bringing it to the Clerk's Office at the Family Courthouse. A clerk will be able to set a court date for you when you file the form.
An Uncontested Setting Slip is only used in cases where the judge just needs to approve final orders (because there is a default or there is a full agreement that both parties want to put on record). Do not use this form to set a hearing if there are unresolved issues that you want the judge to settle. Instead, please visit Motions for Temporary Orders for information on what paperwork to file to get a hearing with the judge.
Bring your proposed Decree of Annulment and all of your other legal documents to the hearing. The judge will ask some questions to make sure the annulment is proper. If the judge approves, let the judge know that you have the decree so the judge can sign the decree immediately.
The date the marriage is legally terminated is the date the Decree is "filed" at the Clerk's Office. This is the date that appears on the upper right corner on the first page of the Decree of Annulment. If the judge's staff tells you to "file" the Decree, make sure you file it at the Clerk's Office so your annulment will be legal.
The date this form gets filed is the date that starts the timelines for anyone to appeal. After you receive the signed and filed final Decree of Annulment, you must fill out the Notice of Entry of Order and attach a copy of the Decree of Annulment.
File the Notice of Entry of Order (with a copy of the Decree attached) with the court. Be sure to fill out the Certificate of Mailing at the bottom, because you will have to mail a copy of this form to the other party the same day you file it.
Make a copy of the Notice of Entry of Order (with the Decree of Annulment attached) mail it to the other party. You can mail it by regular mail.