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Family Law Self-Help Center - Filing the Divorce Papers

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Filing the Divorce Papers

 before you begin:.

• Is this page for me?   This page is for people who need to get a divorce from someone who will not agree to sign the papers.  If your spouse will agree to all the divorce terms and will agree to sign the papers, there is a faster way to get a divorce.  Visit Filing for Divorce Together to find the forms and instructions. 
• What laws apply?   Learn the basics of the laws that apply to divorce and custody cases on the  Divorce Overview  and  Custody Overview  pages. 

Follow these steps to start a divorce case:

Learn more about each step below. 

   1. fill out the forms.

To open a divorce case, you will need to file the forms below, or use the guided online interview to complete them electronically. 

Automated Forms Interview with Efile Available!  

You can use an automated interview that will complete your forms for you after you answer some questions about what you want to request.  To use the automated interview,  click here and select the "DIVORCE: Complaint"  interview.   It is best to use Chrome or Firefox ( Safari is not recommended and not supported ). 

At the end of the interview you can efile directly through the program or print/save your forms to file in person.  

Family Court Cover Sheet -  required

This form is REQUIRED.   It lists basic information about you, your spouse, and any children that you and your spouse have together. You are the Plaintiff and your spouse is the Defendant. The Clerk of Court uses this information to open your case. 

Family Court Cover Sheet (pdf)   Family Court Cover Sheet (pdf fillable)

Complaint for Divorce -  required

This form is REQUIRED.   This form tells the judge and your spouse what you want out of the divorce. You are the Plaintiff and your spouse is the Defendant. You will check boxes and fill in blanks to tell the judge and your spouse things like:

• What kind of child custody / visitation schedule you would like (if there are children)
• How much child support should be ordered (if there are children)
• How you would like to divide the property and debts
• If alimony should be ordered
• If you want to have a former name restored

If you and your spouse have minor children together, fill out the “Complaint for Divorce – With Children.” If you do not have children together, fill out the Complaint for Divorce – No Children.”

Complaint for Divorce - No Children (pdf)

Complaint for Divorce - No Children (pdf fillable)  

Complaint for Divorce - With Children (pdf)   

Complaint for Divorce - With Children (pdf fillable)

Summons -  required

This form is REQUIRED.  This form tells your spouse that you have filed for divorce. The form also tells your spouse that he or she must file a response within 21 days, or a default may be entered against them. 

Summons (pdf)    Summons (pdf fillable)  

If efiling, use filing code SEI when uploading the summons to make sure it is processed correctly.

Joint Preliminary Injunction -  optional 

This is an optional injuction you can request when you file your papers.  The injunction prevents both you and your spouse from doing the following while the divorce case is going on:

• You cannot hide, sell, or dispose of community property.
• You cannot cancel or change the beneficiaries on any retirement accounts or insurance plans.
• You cannot harass each other, the children, each other’s relatives, or family pets.
• You cannot relocate the children out of Nevada without written permission. 

You will be legally prevented from doing all of the above things as soon as the Joint Preliminary Injunction is issued by the Clerk. Your spouse will be legally prevented from doing these as soon as he or she is served with the papers.

If you would like this injunction issued, you must fill out and file the form below asking the Clerk of Court to issue one.

Joint Preliminary Injunction Request (pdf)  

Joint Preliminary Injunction Request (pdf fillable)

The papers above will open a case, but they will not set a court date.   You do not have to set a court date at this point.    If you don't think Defendant will respond to the case, you probably don't need a court date.  If Defendant does file a response, the judge will automatically set a court date and notify you both.

However, if there are ongoing issues with the other spouse and you need to see a judge to set temporary visitation, custody, child support, and/or alimony, you can fill out a  Motion for Temporary Orders  and file it with these papers to get a court date set sooner.  The motion asks the judge to put temporary orders in place while your case is pending.

   2. File the forms

The court charges $299 to file the papers.  You can pay by cash, money order, or most major credit/debit cards. If you cannot afford the fee, please see Filing Fees and Waivers to find out how to ask the court to waive the fee.

You can file your papers one of these ways:

• Online:  You can file online through the court's e-filing system,  eFileNV . There is a fee of $3.50 to upload your documents, in addition to the regular filing fee. You must register for an account, you must provide a valid email address, and you must be able to scan and upload your documents as separate pdfs.   Do not upload one pdf with all of the forms included - this will significantly delay the processing.    Each form needs to be filed as its own pdf, but you can upload all of them in one submission.  The Summons must be uploaded with the filing code SEI or it will not be filed correctly.  Carefully follow the E-Filing Guide to avoid mistakes.  E-Filing Guide
• In person at the Family Courthouse (check our  How to File  page for hours and more information) .

By Mail : ( mail takes about 6-8 weeks to   process )   Mail your forms and the filing fee (with check or money order made out to Clerk of Court) to:

Family Courts and Services Center Attn: Clerk of Court 601 North Pecos Road Las Vegas, NV 89101

 3. Serve the Defendant

The Court does not serve the papers for you.   It is up to YOU to make sure the Defendant gets served after you file for divorce or your case could get dismissed.   

After you complete the steps on this page, you must find a neutral 3rd person to hand-deliver a copy of the summons and complaint (and anything else you filed) to the Defendant.  There are other options if the Defendant cannot be found or served in person.  Learn all about how to have the Defendant served by visiting the  Serving the Divorce Papers page.

 4. Wait and see what happens.

You will have more forms to complete and file with the court to continue the divorce.   The court will not notify you of your future steps.  Visit the Now What? page to learn the different things you might have to do depending on what Defendant does after being served.  

Family Courts and Services Center 601 N. Pecos Las Vegas, NV 89155

This website was designed and is maintained by Legal Aid Center of Southern Nevada, Inc., a private, nonprofit, 501(c) (3) organization that operates the Family Law Self-Help Center through a contract with Clark County, Nevada. This website is intended to provide general information, forms, and resources for people who are representing themselves in a Clark County court without a lawyer. The information on this website is NOT a substitute for legal advice. Talk with a lawyer licensed in Nevada to get legal advice on your situation.

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Your Divorce Glossary: A-to-Z Terms You Need to Know

By Jennifer Lance

After divorce rates peaked during the 1970s and 1980s, much has been made of the fact that they are now on the decline— especially among millennials . Still, if you’re thinking about splitting with your spouse, or you have already, sunny statistics aren’t exactly useful. Throughout this weeklong series of stories, Glamour.com explores what it means to uncouple in a modern world.

As if the act of getting divorced isn't stressful enough, there's the issue of trying to internalize what feels like an entirely new language of legalese that's unavoidable during the process. Whether you're just beginning proceedings or you're well on your way, understanding the confusing jargon can make all the difference. So, with the help of New York City–based attorney Nancy Chemtob, founding partner at Chemtob, Moss, Forman & Beyda LLP , we put together a glossary of terms you'll be hearing a lot of to help you navigate every step of the process.

Add-on expenses. Money that's paid to one's child(ren) in addition to child support. "When you're calculating child support, the money that you calculate doesn’t include add-ons," says Chemtob. "Add-on expenses cover anything that’s additional, like tutors, extracurricular activities, summer camp, college, private school, [and] nonreimbursed medical expenses."

Age of majority. The age at which a young person is considered to be an adult in a given state. “In New York state it’s 21; in Florida it’s 18," says Chemtob. "It differs state to state."

Alimony. The financial payments made by a person to his/her former spouse during separation or following divorce; this is also called spousal support or spousal maintenance. According to Chemtob, alimony payments are determined by income, with the spouse who makes more money paying the spouse who makes less.

Alternative dispute resolution. Methods of resolving legal disputes without going to trial. “It’s the same as mediation, " explains Chemtob. "You have a third party [helping to] bridge the gap and [acting as] an unbiased mediator" between those getting the divorce.

Arrearages. The amount of money that is past due for child or spousal support. “Let’s say you’re supposed to pay $10,000 a month, and you haven’t paid [for three months], you’d owe $30,000," explains Chemtob. "That $30,000 is the arrearages or the amount of money that’s unpaid for support.”

Child support. Money that a noncustodial parent pays to a custodial parent to cover their child(ren)'s food, clothing, and shelter; also called child maintenance. “There’s an age duration," explains Chemtob, meaning it’s paid [only] until the child is emancipated or reaches the age of majority.

Child support guidelines. Guidelines outlining the manner in which child support must be calculated, based on income and the child(ren)'s needs. “They look at the income [of] the spouses to determine how much the child support will be," says Chemtob. And while nearly all states have a monetary cap, this cap can be exceeded when other factors are applicable.

Custody. “Custody determines who the primary parent [is]," says Chemtob. Custody can be either legal, which means that a person has the right to make important decisions about his/her child's welfare, or physical, which means that the child lives with and is raised by that person.

Decree. The court's written order finalizing divorce.

Default. Failing to make timely support payments, as outlined by a court order. “If you fail to make timely payments, you’re in default, but there has to be a court order," explains Chemtob. If support payments are agreed upon by both parties without a court order, and one party misses a payment, he/she can't legally be held accountable.

Defendant. The person against whom legal papers are filed, also sometimes referred to as the respondent.

Deposition. Part of the discovery process in a legal proceeding wherein the plaintiff's attorney asks the defendant questions while his/her attorney is present (or vice versa), and a stenographer takes a written account of the exchange.

Discovery. A legal proceeding's information exchange process, including requests for documents and the taking of depositions.

Dissolution. In divorce cases, the reference to a relationship's end point.

Divorce. The legal termination of a marriage.

Domestic violence. Abuse or threats of abuse occurring between members of the same household.

Domestic strife. Conditions in a home impacting the daily emotional well-being of the person(s) seeking relief. It may not may physical abuse or violence, "but it’s untenable,” Chemtob says.

Emancipated. When a child is no longer under the control of his/her parents or guardians. In the eyes of the law, parents are required to take care of their children until their children reach a certain age (18 or 21, depending on the state). Emancipation terminates these parental obligations and duties of support toward the child. “Each state is different," explains Chemtob, but this rule is applicable "when the child has joined the armed forces, gotten married, [begun] working full-time, or they've reached the age of majority. "

Equitable distribution. “The division of marital assets," says Chemtob, in a way that is considered fair to both parties.

Interrogatories. Written questions served by one party to an another "in lieu of a deposition," explains Chemtob. "It's a formal document attesting to the fact that all of the answers you’re giving are true," and must be notarized.

Joint legal custody. The sharing, by both parents, of the right to make important decisions about their child's welfare.

Joint physical custody. The sharing, by both parents, of the actual physical care and custody of their child.

Legal custody. The right of one parent/guardian to make important decisions about the raising of your child, on issues such as health care, religious upbringing, education, etc.

Marital property. Generally, all property acquired during the marriage. Says Chemtob: “This can be anything that was acquired from the date of the marriage until the time that there’s a divorce action, so furniture, money, a business, anything."

By Jenn Barthole

By Astro All-Starz

By Emily Tannenbaum

Mediation. A form of alternative dispute resolution that resolves legal disputes without going to trial, using a trained and impartial third party who attempts to bring the parties together in mutual agreement.

Noncustodial parent. The parent who does not have physical custody of the child(ren).

Nonmarital property. Also called separate property. Generally, property owned by either spouse prior to marriage, or acquired by them individually via gift or inheritance.

Parenting coordinator. A third-party person who serves as a tie-breaker in cases of joint legal custody wherein a decision between both parents/guardians can’t be reached; this person "can be a lawyer or nonlawyer" and would make a decision or recommendation on behalf of the child, says Chemtob.

Physical custody. The day-to-day rights and responsibilities associated with having your child in your home and being responsible for his/her care and upbringing.

Petitioner. Often the person who initiates divorce or marriage dissolution proceedings also called the plaintiff.

Plaintiff. The person who initiates legal proceedings often called the petitioner in family law.

Prenuptial agreement. An agreement entered into before marriage that sets forth each party's rights and responsibilities should the marriage terminate by death or divorce, also called a premarital agreement. According to Chemtob: "The parties predetermine, should there be a divorce, how the assets would be distributed and if one of the parties would receive maintenance or alimony.”

Postnuptial agreement. An agreement entered into after the marriage date, setting forth each party's rights and responsibilities should the marriage terminate. “It’s exactly the same thing as a prenup, except for the fact that the marriage has already happened,” Chemtob says.

Qualified Domestic Relations Order or QDRO. An order issued by the court to divide retirement benefits.

Respondent. The person who answers a petition in a legal proceeding, sometimes also referred to as the defendant.

Restraining order. An order issued by the court, often in conjunction with domestic violence or custody disputes, requiring the subject of the order to refrain from doing something, which can be anything from "texting, stalking, to harassing," explains Chemtob.

Settlement conference. A meeting wherein both parties and their lawyers attempt to settle a case. Explains Chemtob: "It can be before court, after court...you can do it as much or as little as you want.”

Split custody. A form of custody in which one or some of the parties' children is/are in the custody of one parent and the remaining child(ren) is/are in the custody of the other parent.

Spousal support. Financial payments made to a spouse or former spouse during separation or following divorce. Also called alimony or spousal maintenance.

Stipulation. An agreement entered into by the divorcing spouses that settles the issues between them.

Visitation. Access time that a noncustodial parent spends with his or her child(ren), either agreed to by the parties or ordered by the court.

By Macaela MacKenzie

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