Getting the Final Annulment Decree
This page is for people who have already filed an annulment case, followed all required steps, and need to finish the case.
If neither you or your spouse has filed a case yet, you must File for an Annulment first and follow all the required steps. Do not use the forms on this page until you have filed a case and are ready to finish the case.
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.
How an Annulment is Granted
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 may 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. 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.
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.
You are responsible 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.
Steps to Getting the Final Decree
Step 1. Prepare the Paperwork
The following steps and forms must be completed to get your final Decree of Annulment:
Default. If Defendant did not file any paperwork within 21 days of being served, you first have to 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.
FYI!The default requires you to include the date that Defendant was served. Look on the Affidavit of Service to find this date. 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.
Request for Submission. If you want your annulment approved without having a hearing, fill out the Request for Submission. This form asks the judge to approve of the Decree without a hearing. Only one party needs to complete this (usually the Plaintiff).
- 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. 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. It is a confidential document that is not part of the public record.
Confidential Information Sheet - WITH CHILDREN (pdf fillable)
Confidential Information Sheet - NO CHILDREN (pdf fillable)
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.
Step 2. Submit the Documents to the Court
File all the documents above, except the Decree of Annulment, with the court. Submit the original Decree of Annulment and two copies to the judge
Step 3. Wait for the Decree of Annulment
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).
Make sure the Decree is "filed" at the clerk's office, since that is the date the annulment is final.
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.
Step 4. File a Notice of Entry of Order
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 attached) and mail it to the other party. You can mail it by regular mail.