Responding to an Annulment

Responding to the Annulment Papers

If you disagree with anything your spouse is asking for in their papers, you need to file a response.  Ignoring the papers will not make the case go away. In fact, if you do not file a response within 21 calendar days, the court could enter a default against you, and your spouse may be able to get a final decree that includes everything they asked for in their complaint.

This page explains the steps you need to take to respond to a complaint for annulment.

 Read the complaint and decide what to do 

 Know your deadline 

 Fill out the forms 

 File and serve the forms  

 Now What?

 

 Read the complaint and decide what to do

You first need to figure out what your spouse is asking for out of the annulment. Read the Complaint for Annulment. Don’t worry, the judge has not ordered anything yet – the complaint just tells you what your spouse is asking for as part of the case. You may agree with some, all, or none of the complaint. Write down next to each paragraph in the complaint whether you agree or disagree with what that paragraph says.

If you agree with everything your spouse is asking for, you may not need to file anything. Your spouse has to wait 21 days to see if you file a response.  If you do not, your spouse can get a default Decree of Annulment that matches everything requested in their complaint

If you disagree with anything your spouse is asking for, you will need to file a response.

 

 Know your deadline

You only have 21 calendar days after being served to file your papers. If you were served more than 21 days ago, or if you are not going to be able to file a response within 21 days, you can fill out BOTH of the following forms to ask the judge to extend the time to let you file:

Request To Extend the Time to Answer (pdf fillable)

Order To Extend the Time to Answer (pdf fillable)

If a default has already been entered against you, you can file papers asking the judge to “set aside” the default, which means you want the judge to hear your side of the story before making a final order. See Setting Aside an Order for information about this.

 

 Fill out the forms 

To respond to the annulment case, you will need to file 2 or 3 of these forms:

• Answer (and Maybe a Counterclaim) to Annulment - Required
• Financial Disclosure Form - Due within 30 days of your answer. 
  
• Joint Preliminary Injunction - Optional

Answer (and Maybe a Counterclaim) to Annulment

You have two choices when responding to the annulment papers:

1. File an Answer only.  An "Answer" tells the judge and your spouse what parts of the complaint you agree with and disagree with. For instance, you might agree with paragraphs 1, 2, 3, 7, 8 of the complaint for annulment, but disagree with paragraphs 4, 5, 6 of the complaint. Write that in the Answer. This lets the judge and your spouse know what issues will need to be dealt with.

   Answer to Annulment (pdf fillable) 

2. File an Answer with a Counterclaim. The "Answer" (described above) tells the judge and your spouse what you agree and disagree with from the complaint.  You can also include a "Counterclaim" where you can tell them specifically what you want out of the case.   You can list the specific custody orders, etc. that you would like the judge to order. You can also ask for a divorce instead if you disagree with the annulment.

   Answer & Counterclaim for Annulment - No Children (pdf fillable)

   Answer & Counterclaim for Annulment - With Children (pdf fillable)

 

Financial Disclosure Form ("FDF")

You (and your spouse) have to file a Financial Disclosure Form within 30 days of when you file your Answer. It is best to file it with your Answer so you do not forget later. The Financial Disclosure Form, or “FDF,” gives information about your employment, your income, your expenses, your property, and your debts. You must attach your three most recent paystubs to this form.  This information helps the judge to have an idea of what financial issues are involved in the annulment. If you do not fill out this form completely and accurately, the court may rule against you.

Financial Disclosure Form (pdf)  Financial Disclosure Form - General (pdf fillable)

 

 Joint Preliminary Injunction ("JPI")

You do not need to fill out this form if your spouse already did or if you don't think it's needed.  You can request this injunction when you file your papers if needed.  The injunction prevents both you and your spouse from doing the following while the 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. 

Whoever has the form issued by the Clerk is legally prevented from doing all of the above things as soon as it is issued. The other spouse is legally prevented from doing these as soon as he or she is served with the papers.

If you would like this injunction issued, fill out the request below and the Clerk will issue a detailed injunction when you file.

Joint Preliminary Injunction Request (pdf fillable) 

 

 File & serve the forms

The fee to file these papers is $217. The fee is payable 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:

 

1. 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.  Carefully follow the E-Filing Guide to avoid mistakes. 
   E-Filing Guide
   
   
2. In person at the Family Courthouse (check our How to File page for hours and more information).

3. By Mail: (mail takes about 6-8 weeks to process and is not suggested if you are under a deadline to file) 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

The Court does not serve the papers for you.  It is up to YOU to make sure the other spouse (the "Plaintiff") gets served with your answer.   

After you file, send a copy of your answer/counterclaim (and anything else you filed) to the Plaintiff or their attorney if they have one.  You have to send it within 3 days of filing.  You can send it by regular mail, or you can e-serve it through the court's system if the other party is registered for e-service.  

After you serve, fill out a Certificate of Service and file it with the court.  

Certificate of Service (pdf fillable)

 

 Now what? 

There are a number of things that will happen after you file your Answer. You may have to file some additional papers, and the judge will schedule a hearing that both of you must attend.  You can learn about the different things that will happen next in the Divorce: Now What section of this site.  Although it is in the divorce section, the same rules and procedures apply.