Filing for Divorce Together
Make sure you understand the basic divorce concepts before filling out any forms. Visit the Divorce Overview and Custody Overview pages for an overview of the law and the legal requirements to file for divorce in Nevada.
If you and your spouse both agree to all of the terms of your divorce, you may be able to file jointly. This is the quickest and easiest way to get divorced in Nevada. However, you and your spouse must have a full agreement on all of the following:
- The legal custody, physical custody, and visitation schedule for any minor children;
- Who will pay how much in child support;
- Who will provide health insurance for the children;
- How to divide the property;
- How to divide the debts;
- Whether one spouse will receive alimony and if so, how much and for how long; and
- Whether either spouse wants to return to a former or maiden name.
If you and your spouse can reach an agreement on all of the issues above, you can file together for divorce. You likely will not have to appear in court to obtain your divorce, since judges often sign these kinds of divorce decrees without a hearing.
Follow the steps below to get a Joint Decree of Divorce.
When you file a Joint Petition, you give up certain rights that you would otherwise have:
- The right to appeal the divorce decree
- Notice of Entry of Decree of Divorce (this triggers deadlines for an appeal, but since you are waiving the right to appeal, you do not need the formal Notice of Entry).
- The right to request that the judge make certain findings of fact and conclusions of law relating to your agreement in the Joint Petition.
- The right to move for a new trial.
Step 1: Complete the Papers
ALL OF THE FOLLOWING DOCUMENTS MUST BE COMPLETED in order to file a Joint Petition for Divorce. Do not skip any documents, or your filing may be rejected by the Court.
- Cover Sheet
- Confidential Information Sheet
- Affidavit of Resident Witness
- Joint Petition for Divorce
- Decree of Divorce
This form asks for basic information about you, your spouse, and any children that you and your spouse have together. This form is REQUIRED.
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. This form is REQUIRED.
Affidavit Of Resident Witness
One spouse must be a Nevada resident to file for divorce 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 divorce. If you are both Nevada residents, pick one person to name as the Nevada resident and name that same spouse throughout all of your documents. A friend, coworker, or family member who sees you 3-4 times per week can complete the Affidavit of Resident Witness. This form is REQUIRED.
Joint Petition for Divorce
The Joint Petition tells the judge how you and your spouse have agreed to settle your divorce. It includes your full agreement to everything in the divorce, such as custody, visitation, child support, division of property and debts, alimony, and whether either spouse will return to a former name. You and your spouse must complete every section, and you both must sign the Joint Petition in front of a notary. This form is REQUIRED.
If you and your spouse cannot agree on everything in this form, you may have to file for divorce separately. See Filing for Divorce On Your Own for more information.
Decree of Divorce
The judge will sign the Decree of Divorce when your divorce is approved. Both spouses must complete and sign the Decree of Divorce before the judge can sign. This form is REQUIRED.
You are not divorced until the judge signs the Decree and it is filed with the Clerk of Court.
Step 2: File the Papers
After you fill out the papers above, you will need to file them with the district court in your county. Visit Find My Court if you are not sure where your local district court is located.
The court will charge you a filing fee to file your papers. The fee is different in every county. Find out from your local court what the filing fee will be.
If you cannot afford the filing fee, please see Filing Fees and Waivers to find out how to apply to waive the fee.
Step 3: Submit the Decree to the Judge
Make 3 copies of your filed Joint Petition after it is processed by the clerk. The copies should have a case number and a filing date on the first page. Make 2 copies of the Decree of Divorce. Attach a copy of the filed Joint Petition to the original Decree of Divorce and to both copies.
To complete the divorce, submit the following to the judge assigned to your case:
- One copy of all of your filed documents;
- Your original Decree of Divorce with a copy of the filed Joint Petition attached (there should be a case number and a filing date on the first page of the Joint Petition);
- Two copies of the Decree of Divorce with a copy of the filed Joint Petition attached.
Find out from your local court where to turn these papers in to the judge.
The judge will review your papers, and if everything is completed properly and the judge approves of your agreement, the judge will sign your Decree of Divorce. The judge's staff might call you when the Decree is signed so you can pick it up and file it yourself, or the judge's staff might send the Decree of Divorce to one of the spouses in the mail.
Whoever gets the final Decree is responsible for the following:
- Make sure the Decree is "filed" at the Clerk's office, since the filing date is the date the divorce is final. Some judges file the Decree for you, and some expect you to file it yourself. If you receive a decree that has a date on the upper right corner of the first page, the Decree is already filed. But if you receive the original Decree with no markings on the first page, it will be your job to file it at the Clerk's Office.
- Mail a copy of the filed Decree to the other person. After mailing, fill out a Certificate of Mailing and file it with the court to prove that both parties have a copy.
Your divorce is final on the date your Decree of Divorce is “filed” with the Clerk – not the date the judge signs the Decree! Look at the upper right corner of the first page of Decree of Divorce to find the filing date. Do not get remarried until you know for sure that your Decree of Divorce is “filed” with the court.