Find Divorce Records in Clay County
Clay County divorce records are public court documents filed with the Circuit Court Clerk in Brazil, Indiana, and can be searched online, in person, or by mail.
Clay County Quick Facts
Where Clay County Divorce Records Are Held
The Clay County Clerk of Circuit Court, Nichole Keller, is the official custodian of all divorce records filed in the county. The office is at 609 E. National Ave, Room 213, Brazil, IN 47834. Phone: 812-448-9025. Fax: 812-446-9602. Email: kellerp@claycountyin.gov. Office hours run Monday through Friday, 8:00 AM to 4:00 PM Eastern Time.
Two courts handle divorce cases in Clay County: the Clay County Circuit Court and the Clay County Superior Court. Both courts operate out of the Brazil courthouse. Dissolution of marriage petitions may be filed in either court depending on caseload and assignment. The clerk's office manages filings and records for both. When you request a case file or certified copy, contact the clerk's office first and staff can confirm which court handled your case.
The clerk maintains records from initial petition through the final decree and any post-decree modifications. Earlier records may be archived. If you are looking for a case from many years ago, call the office at 812-448-9025 before visiting. Staff can tell you whether the file is on-site or needs to be pulled from storage. More information about the Clay County Clerk is at in.gov/counties/clay/county-offices/county-clerk/ and at the clerk's own site, clayclerk.com.
The Clay County Clerk of Circuit Court in Brazil maintains all dissolution of marriage filings for the county, including petitions, decrees, and post-decree orders.
How to Search Clay County Divorce Records
Start your search at MyCase Indiana, the free public case lookup tool run by the Indiana Supreme Court. MyCase covers all Indiana counties, including Clay County. Enter a party name or case number to see filing dates, case type, and a list of documents. Some documents are viewable in full online. Others require a visit to the clerk's office in Brazil to see the complete file. No login or payment is needed to use MyCase.
In-person access is available at 609 E. National Ave, Room 213 in Brazil during office hours. Bring the full names of both parties and an approximate filing year if you have it. The clerk's staff can search the index and retrieve the case file. You can review it at the counter and request copies. For mail requests, write to the same address. Include a clear description of the case you need, a check or money order for copy fees, and a self-addressed stamped envelope for return. Call 812-448-9025 first to confirm current fees and processing time.
Local court information for Clay County is also available through in.gov/courts/local/clay-county/. This page lists court contacts and general filing information for the Clay County courts. If you need help understanding the records process or navigating a divorce case, Indiana Legal Help offers free statewide guidance for Indiana residents.
Filing a Divorce in Clay County
To file for divorce in Clay County, at least one spouse must have lived in Indiana for six months and in Clay County for at least three months before the petition is filed. This residency requirement is set by Indiana Code Title 31, specifically IC 31-15-2-6. If neither spouse meets the Clay County residency threshold, the case must be filed in another Indiana county where one of the parties qualifies.
Indiana law imposes a 60-day waiting period under IC 31-15-2-10. The final divorce decree cannot be signed until at least 60 days have passed from the date the petition was filed and the other spouse was served. This waiting period applies in all Indiana counties, including Clay County. It cannot be waived or shortened, even when both parties agree on everything. Once 60 days have passed and all required filings and steps are done, the judge can enter the final decree.
File the petition at the Clay County Clerk's office at 609 E. National Ave, Room 213 in Brazil. Pay the filing fee at the time of filing. The clerk will issue a case number and you must arrange for the other party to be served with the summons and petition. Service is required before the case can move forward. In uncontested cases where both parties agree on all terms, the process after the waiting period can be fairly straightforward. Contested cases involving property division, support, or custody disputes take longer and may require one or more court hearings before the judge enters a final order.
Indiana uses a no-fault divorce standard. The only required ground is irretrievable breakdown of the marriage. You do not need to prove wrongdoing by either spouse. The court focuses on resolving property, support, and custody issues. A settlement agreement covering these matters, signed by both parties, can simplify the process considerably. The Clay County courts page has contact information for both courts if you need to reach a specific division directly.
What Clay County Divorce Records Contain
A Clay County divorce case file starts with the petition for dissolution of marriage. From there, the file typically includes the summons, proof of service on the other party, financial disclosure statements, any motions either side files during the case, temporary orders entered by the court while the case is pending, a settlement agreement or parenting plan if applicable, and the final decree of dissolution. All of these become part of the permanent record held by the clerk.
Contested cases tend to produce larger files. Motions, responses, court hearing notes, and interim orders all go into the record. These are public documents under Indiana law unless the court has restricted specific portions. Parts of files dealing with minor children's welfare or sealed financial records may not be fully available for public inspection. The clerk's staff can tell you what is accessible for any particular case when you call or visit.
The final decree is the document most people need. It serves as legal proof that the marriage was dissolved. A certified copy, bearing the court seal and clerk's signature, is what you need for name changes, remarriage applications, government records updates, and similar legal purposes. Standard uncertified copies are available at a lower per-page rate for general reference. Both types are available from the Clay County Clerk's office in Brazil. Call 812-448-9025 for current copy fees before you visit or send a mail request.
Fees and Costs for Clay County Divorce Records
The filing fee for a dissolution of marriage petition in Clay County is around $157 to $177, in line with Indiana's standard court filing fees. This covers the initial filing only. Additional costs come up during the case for service of process, filing motions, or other actions that require separate fees.
Copy fees follow the standard Indiana schedule. Regular copies cost $1.00 per page. Certified copies carry an extra charge, typically $3 to $5 per document. A certified copy of the final decree usually runs $4 to $6 total. Confirm the exact current fees by calling 812-448-9025 or emailing kellerp@claycountyin.gov before making a trip or mailing a payment. Mail requests should include a money order or check along with a self-addressed stamped envelope.
Public Access to Divorce Records in Clay County
Indiana's Access to Public Records Act, IC 5-14-3, makes Clay County divorce records open to the public. You do not need to be a party to the case. You do not need to give a reason for wanting access. Anyone can request to inspect or copy a divorce case file from the Clay County Clerk's office, subject to any specific restrictions a court has placed on portions of a file.
Restrictions do come up. Portions of divorce files that deal with the welfare of minor children, materials sealed by court order, or certain financial disclosures may be withheld from general public inspection. The clerk's staff handles these situations and will explain what is available for any specific case. If you believe you are entitled to access a restricted portion, the clerk can walk you through the process of requesting a court review.
Free online searches are available at MyCase Indiana. For physical files or certified copies, contact the Clay County Clerk at 609 E. National Ave, Room 213, Brazil, IN 47834, by phone at 812-448-9025, or by email at kellerp@claycountyin.gov. The clerk's website at clayclerk.com may have additional forms and guidance. Indiana Legal Help provides free assistance for anyone who needs help navigating Clay County divorce records or the records request process.