Getting the Final Divorce Decree
This page is for cases that started with one person filing for divorce against the other. Do not use the forms on this page if you filed a Joint Petition for Divorce. For instructions on how to get a divorce approved if you filed a Joint Petition for Divorce, please see Filing for Divorce Together.
The final step in a divorce case is having a judge sign a Decree of Divorce. This is the document that includes all of the terms of the divorce and legally ends the marriage. You are responsible for preparing the final decree to finish your case.
How a Divorce is Granted
There are three different ways that a Decree of Divorce is usually granted:
Divorce by Default: If the Defendant was served with the summons and complaint for divorce, but did not file any paperwork within 21 days, the Plaintiff can ask the court to enter a default and grant a final divorce. The Plaintiff will typically get a Decree of Divorce that includes everything asked for in the complaint. Follow ALL of the steps below if you would like to get a Default Decree of Divorce.
Divorce by Agreement: If both parties reach an agreement on all terms of the divorce after the case has been filed, they can prepare a final Decree of Divorce with their full agreement included. Both parties must sign the Decree of Divorce, and can usually submit the Decree to the judge for approval without a hearing. Start at Step 2 below to get the divorce finalized.
Divorce Granted at a Trial or Hearing: When the judge grants a divorce at a trial or a hearing, the judge will issue all of the orders that are to be part of the final divorce. However, the divorce is not final until the written Decree of Divorce is signed by the judge. Sometimes, 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 divorce 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 Divorce for the judge to review. The judge may want you to set a hearing if the judge has some questions.
Read about each step below.
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.
For all: Fill out both forms below and submit them for filing. The Clerk of Court will sign the Default if approved.
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.
The following forms must be complete to get your final Decree:
Request for Submission. If you want your divorce approved without having a hearing, fill out the Request for Submission. This form asks the judge to approve of the Decree of Divorce without a hearing. Only one party needs to complete this (usually the Plaintiff).
- Affidavit of Resident Witness. This step is only needed if you are asking for a final divorce without having a hearing, or if the judge did not establish either party’s Nevada residency on record at a hearing. One spouse must be a Nevada resident for 6 weeks prior to filing the case in order to get divorced in Nevada. The Affidavit of Resident Witness is the proof that one of the spouses is a resident. 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 divorce) 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.
The Decree of Divorce. The Decree of Divorce is the final order that includes all the terms of the divorce. How you fill out the Decree of Divorce will depend on how you are getting the final decree:
If you are getting a Default Decree of Divorce: Everything in your proposed Decree of Divorce should match everything you asked for in your complaint.
If both parties are signing the Decree of Divorce: The Decree of Divorce must include all of the agreements between you and your spouse. You both must sign the Decree of Divorce.
If you are submitting a Decree of Divorce based on a hearing or trial: Everything in your proposed Decree of Divorce must match everything the judge ordered at your hearing. Make sure the proposed Decree of Divorce includes everything the judge ordered.
File all the documents above, except the Decree of Divorce, with the court. Submit the original Decree of Divorce to the judge.
The judge will review the Decree 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 divorce is final.
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 Divorce, you must fill out the Notice of Entry of Order and attach a copy of the Decree of Divorce.
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.