How to File for Divorce in Clay County, FL: A Step-by-Step Guide

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Where to File Your Paperwork in Clay County?

To start your divorce in Clay County, you must file your documents with the Clay County Clerk of Court and Comptroller (and that you may not even know this at first). Unlike some counties where filing and hearings are split, you’ll start the process at the main judicial complex in Green Cove Springs. Also, more on this in a bit, but this centralized setup can simplify the early stages of your case.

📍Clay County Clerk of Court (Civil/Family Division)
Address: Judge William A. Wilkes Judicial Complex, 825 North Orange Avenue, Green Cove Springs, FL 32043
Phone: (904) 284-6302
Business Hours: Monday–Friday, 8:00 a.m. – 5:00 p.m.
Where to File: Submit your Petition for Dissolution of Marriage at the Clerk’s Office in Room 103 of the courthouse.

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Divorce Requirements: Do You Qualify?

To file for divorce in Clay County, you must meet Florida’s residency and legal standards:

  • Residency: Either you or your spouse must have lived in Florida for at least six months before filing the petition. You can prove this with a valid Florida driver’s license, voter registration, or a sworn affidavit from a witness.
  • Grounds: Florida is a “no-fault” state. You only need to state that the marriage is “irretrievably broken.”
  • Venue: Generally, you should file in the county where you and your spouse last lived together or where one of you currently resides.

For a step-by-step breakdown of these requirements, you can review the Florida divorce guidelines.

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Filing for an Uncontested Divorce (When Both Spouses Agree)

In Florida, an uncontested divorce is often called a Simplified Dissolution of Marriage. This is the fastest way to end a marriage, but it is only available if you have no minor children, no pending pregnancy, and have already agreed on how to split your assets and debts.

The process follows these steps:

  • File the Petition: Both spouses must go to the Clay County Clerk’s Office together to file the “Petition for Simplified Dissolution of Marriage.” The current filing fee in Clay County is approximately $397.50, plus a $10.50 final judgment fee.
  • Financial Disclosures: Even in an uncontested case, you must typically file Financial Affidavits unless you both agree to waive the more extensive “mandatory disclosure” requirements.
  • The 20-Day Waiting Period: Florida law requires a mandatory 20-day waiting period from the date of filing before a judge can sign the final judgment.
  • Final Hearing: In Clay County, both spouses must attend a brief final hearing. A judge will review your paperwork and, if everything is in order, sign the Final Judgment.

Note: If you have children or property disputes, you must file a “Regular Dissolution of Marriage.” While this takes longer, it can still be “uncontested” if you both sign a Marital Settlement Agreement and a Parenting Plan before filing.

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Common Clay County Divorce Forms You Will Need

The Florida Supreme Court provides standardized forms. For a Clay County filing, you will typically need:

  • Petition for Dissolution of Marriage: The main document (Forms 12.901(a) for simplified or 12.901(b) for cases with children).
  • Family Law Software Cover Sheet: A summary for the court’s records.
  • Notice of Social Security Number: Form 12.902(j).
  • Affidavit of Corroborating Witness: To prove residency (unless using a Florida ID).
  • Financial Affidavit: Detailing your income, assets, and debts.

If you have minor children, you will also need:

  • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: Form 12.902(d).
  • Parenting Plan: Outlining time-sharing and parental responsibility.
  • Child Support Guidelines Worksheet: To calculate support payments.
  • Parent Education Class Certificate: Both parents must complete a 4-hour “Parent Education and Family Stabilization” course.

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Divorce Filing Fees and Costs

For 2026, the standard fee to file for divorce in Clay County remains approximately $408.00 (this includes the base filing fee and administrative costs).

If you need the Sheriff to serve your spouse, expect an additional fee of about $50.00, and if you cannot afford the filing fees, you can ask the Clerk for an “Application for Determination of Civil Indigent Status.” We’ve seen way too many people assume they won’t qualify, but if you do qualify based on your income, the court may waive or defer your costs. But that’s the easy part (you generally just need to complete the form accurately and provide basic financial details).


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