Clay County Clerk
of the Circuit Court

Divorce

A dissolution of marriage is a legal proceeding filed by a married person(s) to end a marital relationship.  In addition to restoring the parties to single status, the Court can issue orders for spousal support; custody, visitation and child support for the minor children of the marriage; and the division of any shared property assets and debts.

In the State of Florida, there are two methods for filing divorce.

A simplified divorce may be appropriate when.…

  • You or your spouse have been a resident of the State of Florida for at least the last six (6) months.
  • You and your spouse are both able to appear at the Clerk of the Court’s Office to file the appropriate forms to initiate the divorce action and to attend the final hearing in person.
  • There are no children together born before or during the marriage, including by adoption, and the Wife, to her knowledge, is not pregnant as of the date the action is filed.
  • You and your spouse are in agreement on how property, assets and debts are to be divided.

A general divorce may be appropriate when.…

  • You do not meet the requirements for a simplified divorce.
  • You have been a resident of the State of Florida for at least the last six (6) months.
  • Your spouse resides out of state or you do not know your spouse’s whereabouts.
  • There is a minor (under age 18) or dependent child of the marriage or the Wife is pregnant.
  • You and your spouse cannot agree on how property, assets and debts are to be divided.
  • There is a need for spousal support (alimony).

Complete packets for both divorce types can be purchased at the Clerk’s main office or any branch location. Additionally, form packets and individual forms can be located on this website by visiting our Family Law Forms page.

Deputy Clerks cannot provide legal advice on your rights and obligations. Divorce can be a complicated area of the law. If you have any questions or concerns, you should consider contacting an attorney.  You are not required to retain an attorney to file a divorce. However, you may wish to consult with an attorney if you or your spouse have any questions concerning the use of the Family Law forms or your legal rights prior to filing for a Simplified or General Divorce.

If you cannot afford an attorney, please learn about options in our Self-Help Center and consider making an appointment with a Low Bono Program attorney by calling our Civil Department at (904) 269-6363. Through this program family law legal matters can be reviewed with a local, licensed Florida attorney by appointment at a rate of $1 per minute (30 minute minimum; 60 minute maximum).

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