Procedure for Filing a Joint Petition
Complete a Joint Petition for Divorce packet (found at your local court or at Supreme Court), which will need to be signed by both parties.
Both parties must agree on ALL issues:
- The grounds for divorce (most common being incompatibility.)
- If the parties have a child(ren), the parties’ agreement as to child support, child custody (both legal and physical custody), visitation, holiday schedule and who will provide medical insurance. You may wish to set the times and locations for custody exchanges in the order.
- Designate which party will claim the child(ren) on income taxes. One party can receive the deduction(s) , the parties can alternate which party claims the tax deduction or if the parties have more than one child, the parties may split the deductions until one of the children turns 18, at which time the parties alternate who takes the remaining deduction.
- How the parties have agreed to divide their community property and community debts.
- The parties’ agreement as to spousal support/alimony.
Have a third party who knows one of the spouses complete and sign, before a notary, the Affidavit of Resident Witness.
File the petition packet with the Family Court in your county. The packet should include a Coversheet, the Joint Petition for Divorce, the Affidavit of Resident Witness, and if the parties have children, a Child Welfare Identification Sheet.
- If the parties are filing in Clark County and have minor children, do not forget to attend the required COPE parenting class and file your certificates of completion with your petition. Residents of other counties do NOT need to attend the class.
- There is a filing fee, which varies by county, but if you have low income, you can apply for a fee waiver.
Submit a copy of all filed documents AND the original Decree of Divorce to the judge assigned to your case.
- Decree of Divorce should include the parties’ agreements as to child support, custody, visitation, property/debt distribution, alimony, and whether the wife will have her maiden name restored.
- The Decree of Divorce will NOT be filed until the judge signs it.
- Once the Decree of Divorce is signed, file the Decree with the clerk’s office at your local court.