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. You are responsible for preparing the final decree to finish your case.

 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 2 below to get the annulment finalized.  

Follow these steps to get the Final Decree approved:

 1. Obtain a Default if Defendant did not file an answer. There are several forms to fill out and file to get a default approved. 

 2. Fill out the final forms.  There are several forms you will have to fill out to get the judge to finalize your case. 

 3. File the forms.  Turn the completed forms in to the clerk of court. 

 4. Wait for the judge to review your forms. Turn in a proposed Decree of Annulment for the judge to review.  The judge may want you to set a hearing if the judge has some questions.  

 5. File the Notice of Entry of Order and serve the other party.  

Read about each step below. 

Step 1. Obtain a Default if Defendant did not file an answer

If Defendant did not file an answer within 21 days of being served, Plaintiff can request a default to finalize the case without Defendant.  

If your case is in Churchill, Lander, Mineral, or Pershing County, you must send Defendant a final notice before requesting a default.  Fill out this form, file it, and send a copy to Defendant.  If Defendant still does not file anything by the deadline (plus 3 days for the mailing to reach them), proceed to the next form. 

Notice of Intent to Seek Default (pdf fillable)

For all: Fill out both forms below and submit them for filing.  The Clerk of Court will sign the Default if approved. 

Application for Entry of Default (pdf fillable)

Default (pdf fillable)  

For all: Fill out one of the applications below depending on whether there are minor children involved in your case.  File it at the court.  If Defendant has filed anything into the case or indicated that they plan to oppose the case, you will need to mail this form to the Defendant and allow them 7 calendar days (plus 3 days for mailing to reach them) to file something before you can go on to the next step. 

Application for Default Judgment - No Children (pdf fillable)

Application for Default Judgment - With Children (pdf fillable)

Step 2. Fill out the Final Forms 

The following forms must be completed to get your final Decree of Annulment:

1. 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).
   
   Request for Submission (pdf fillable)    
   
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2. Affidavit of Resident Witness.  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.
   
   Affidavit of Resident Witness (pdf fillable)
   
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3. 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)

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4. 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.

   
   Decree of Annulment – No Kids (pdf fillable)
    

   Decree of Annulment – No Kids (pdf)
    

   Decree of Annulment – With Kids (pdf fillable)
    

   Decree of Annulment – With Kids (pdf)

Step 3. File the Forms

File all the documents above except the Decree of Annulment with the court.  Submit the original Decree of Annulment  to the judge.

Step 4. Wait for the Judge to review the Decree.  Set a hearing if needed.  

The judge will review the Decree of Annulment and if the judge approves, the judge will sign the Decree. If the judge has some questions, the judge may want you to set a hearing.  Follow any instructions given by your judge.  

Once the judge signs the Decree, make sure the Decree is filed at the clerk's office if the judge did not file it for you.  The filing date that appears on the upper right corner of the first page of the Decree is the date the annulment is final.

Step 5. 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.

Notice of Entry of Order (pdf fillable)

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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.