Clay County Divorce Records
How To Find a Divorce Record In Clay County in 2026
ClayRecords.us provides access to publicly available information related to divorce records in Clay County, Indiana. Members of the public may find case summaries, final decrees, docket entries, and related court documents through official channels. Available record categories may include dissolution of marriage filings, final judgments, property division orders, child custody arrangements, and support orders. Access and completeness of records vary depending on the age of the case and applicable confidentiality provisions.
Records may be searched through official resources including the Clay County Clerk of Court, the Indiana statewide court portal, public access terminals at the courthouse, and state vital records offices. The following methods are available to members of the public seeking divorce records.
Online Searches
1. Clerk of Court Case Search
The Clay County Courts page on the Indiana Judicial Branch website provides direct access to local court information. This is the most common starting point for locating a dissolution of marriage case. Basic case information is available at no charge; fees apply for obtaining copies of documents.
2. State Court System Portal
The MyCase Indiana Courts Case Search portal allows members of the public to search dissolution of marriage cases across all Indiana jurisdictions from a single consolidated database. As noted by the Indiana Supreme Court, "official records of court proceedings may only be obtained directly from the court maintaining a particular record." The portal provides docket entries, case numbers, party names, and case status at no charge.
3. State Vital Records
Indiana does not issue divorce certificates through its vital records office in the same manner as birth or death certificates; however, the Indiana Department of Health Division of Vital Records maintains certain dissolution records and can direct requesters to the appropriate county court. The CDC's Where to Write for Vital Records – Indiana page confirms that divorce records in Indiana are maintained at the county level where the dissolution was granted.
In-Person Searches
Clerk of Court – Clay County:
Clay County Clerk's Office
609 E. National Avenue, Suite 213
Brazil, IN 47834
Phone: (812) 448-9024
Clay County Courts – Indiana Judicial Branch
Members of the public may visit the Clerk's Office during regular business hours to:
- Search case files by party name or case number
- View documents at public access terminals
- Request certified copies of final decrees and orders
- Receive staff assistance with locating records
By Mail
Written Request:
- Mail to: Clay County Clerk's Office, 609 E. National Avenue, Suite 213, Brazil, IN 47834
- Include the following in the written request:
- Full names of both parties
- Approximate date of divorce
- Case number (if known)
- Requester's contact information
- Purpose of request (if required)
- Payment for applicable copy fees
- Self-addressed stamped envelope for return of documents
- Processing time: Requests are processed in the order received; allow one to two weeks for standard requests
By Phone
Limited Information Available:
- Clerk of Court: (812) 448-9024
- Staff can confirm:
- Whether a case exists in the system
- Case number
- Case status
- Filing date
- Staff cannot provide:
- Detailed document contents by phone
- Copies of documents
- Confidential or restricted information
Through Attorneys
An attorney licensed in Indiana may access dissolution of marriage records on behalf of a client, request sealed documents upon a proper showing of cause, and assist with complex or older cases where records may be archived or partially digitized. The Indiana State Bar Association maintains a lawyer referral service for members of the public seeking legal representation.
Information Needed for Search
Essential Information:
- Full legal names of both spouses
- Maiden names, if applicable
- Approximate date of dissolution
- Case number, if known
Helpful Information:
- Date and location of marriage
- Previous addresses in Clay County
- Names of children, if applicable
- Names of attorneys of record, if known
Search in Correct County
Under Indiana Code § 31-15-2-6, a petition for dissolution of marriage must be filed in the county where either spouse has maintained a principal residence for at least three months immediately preceding the filing. Members of the public who are uncertain of the filing county may need to search multiple counties. A dissolution cannot be located by searching the county where the marriage ceremony occurred unless one of the parties also resided there at the time of filing.
Time Considerations
Recent Dissolutions:
- Records may not appear in the online system immediately following a final hearing
- Allow several business days to several weeks for processing after the final order is entered
- The MyCase portal is updated as documents are filed and processed
Older Dissolutions:
- Cases predating electronic filing may exist only in paper form
- Archived records may require a special retrieval request and additional processing time
- Not all historical records have been digitized
What If You Cannot Find a Record
Common Issues:
- Record filed in a different county
- Name variations between married and maiden names
- Spelling differences in party names
- Case still pending and not yet finalized
- Very old records held in off-site storage
- Case sealed by court order
Next Steps:
- Contact the Clerk's Office at (812) 448-9024
- Attempt alternate name spellings
- Search under both spouses' names
- Review the Indiana Judicial Branch public records guidance for additional direction
- Submit a formal public records request form to the appropriate agency
What Are Clay County Divorce Records?
Divorce records in Clay County are official court documents generated during and after dissolution of marriage proceedings filed in the Clay County Circuit Court. These records are maintained by the Clay County Clerk of Court as part of the permanent family law case file and constitute public records subject to Indiana's Access to Public Records Act.
Types of Divorce Records:
Court Case Files:
- Petition for dissolution of marriage
- Response or answer to the petition
- Financial affidavits submitted by both parties
- Parenting plans and custody agreements
- Marital settlement agreements
- Motions, responses, and court orders
- Transcripts of court hearings
- Final judgment of dissolution of marriage
Final Decree:
The final decree is the official court order that legally dissolves the marriage. It serves as the primary legal proof of divorce and establishes:
- The date the marriage was dissolved
- Division of marital property and debts
- Alimony or spousal maintenance, if ordered
- Child custody and parenting time arrangements, if applicable
- Child support orders, if applicable
- Restoration of a former name, if requested
Certified copies of the final decree are available through the Clay County Clerk's Office upon payment of applicable fees.
Supporting Documents:
- Original marriage certificate submitted as an exhibit
- Financial disclosure statements
- Property inventories and appraisals
- Parenting plan details and modifications
- Post-judgment modification orders
Purpose of Divorce Records:
Legal Purposes:
- Proof of marital status for remarriage
- Documentation for legal name change
- Property transfer and title documentation
- Estate planning and beneficiary designations
- Immigration proceedings requiring proof of prior marriage dissolution
- Social Security benefit eligibility determinations
Personal Purposes:
- Genealogical and family history research
- Personal record-keeping
- Verification of divorce terms and obligations
Legal Framework:
Dissolution of marriage proceedings in Indiana are governed by Indiana Code § 31-15, which establishes the grounds, procedures, and requirements for obtaining a dissolution of marriage. Indiana is a no-fault dissolution state, meaning that irretrievable breakdown of the marriage is the sole ground required. Public access to court records is governed by Indiana Administrative Rule 9, which establishes the presumption of public access to court records while identifying categories of information that are excluded from public access.
Are Clay County Divorce Records Public?
Dissolution of marriage records filed in Clay County are public court records subject to the presumption of public access established under Indiana Administrative Rule 9. Members of the public may access basic case information, docket entries, and most filed documents without demonstrating a specific need or purpose. Certain categories of information within those records are restricted or excluded from public access by rule or statute.
What Is Public:
- Case number and filing date
- Names of the parties (petitioner and respondent)
- Names of attorneys of record
- Court hearing dates and case status
- Court orders and judgments, including the final decree
- Property division orders
- General docket entries reflecting the chronology of the case
What May Be Restricted:
Financial Information:
- Social Security numbers are redacted from all public filings under Indiana Administrative Rule 9
- Bank account and credit card numbers are redacted
- Detailed financial statements may be subject to limited access upon court order
- Tax returns submitted as exhibits may be sealed or restricted
Children's Information:
- Addresses where minor children reside
- Schools minor children attend
- Medical and psychological information concerning minor children
- Child custody evaluations may be sealed by court order
- Guardian ad litem reports are restricted
Sensitive Personal Information:
- Domestic violence allegations and supporting evidence
- Mental health and substance abuse treatment records
- Personal addresses of parties in cases involving protective orders
Sealed Records:
A court may seal all or part of a dissolution case file upon a showing of good cause. Cases involving allegations of abuse, high-profile parties, or confidential settlement terms may be subject to sealing orders. Mediation communications are confidential under Indiana law and are not part of the public court record.
Who Can Access Records:
| Requester | Level of Access |
|---|---|
| General public | Public documents and docket entries |
| Parties to the case | Full access to their own case file |
| Attorneys of record | Full access; may petition for sealed records |
| Law enforcement | Statutory access to restricted information |
| Researchers and media | Public portions; court permission required for sealed records |
Prohibited Uses:
- Stalking, harassment, or intimidation of any party
- Identity theft or fraudulent purposes
- Violation of existing protective orders
- Any use prohibited by Indiana law
How Much Does It Cost to Get Divorce Records in Clay County?
The Clay County Clerk's Office charges standard fees for copies of court records. Under Indiana law, clerks of court are authorized to collect fees for copies and certifications pursuant to Indiana Code § 33-37-5-1, which establishes the schedule of fees applicable to court services.
Current Standard Fees:
| Service | Fee |
|---|---|
| Standard paper copies | $1.00 per page |
| Certified copy of final decree or order | $1.00 per page plus certification fee |
| Certification fee | $5.00 per document |
| Electronic copies (where available) | Fees vary; contact Clerk's Office |
| Search fee | No separate search fee for in-person requests |
- Inspection of public court records at the courthouse is available at no charge
- Members of the public may view documents at public access terminals without paying copy fees
- Certified copies require payment prior to issuance
- Accepted payment methods at the Clay County Clerk's Office include cash, check, and money order payable to the Clay County Clerk; contact the office to confirm current accepted payment methods
- Fee waiver provisions may apply in limited circumstances for indigent parties; a formal request must be submitted to the court
The Indiana Judicial Branch public records page provides additional guidance on fees and the process for requesting copies of court records statewide.
What's Included in Divorce Records in Clay County
A complete dissolution of marriage case file maintained by the Clay County Clerk of Court contains documents generated from the initial filing through the entry of the final judgment and any subsequent post-judgment proceedings. The contents of any individual case file vary depending on whether the dissolution was contested or uncontested, whether children were involved, and the complexity of the marital estate.
Basic Case Information:
- Case number, court name, and assigned judge
- Names of petitioner and respondent
- Names and contact information of attorneys of record
- Filing date, case type, and jurisdictional basis
Initial Pleadings:
- Petition for dissolution of marriage, including marriage date and location, grounds for dissolution, identification of children, property claims, and relief requested
- Response or answer filed by the respondent, including any counterpetition
- Financial affidavits from both parties detailing income, expenses, assets, and liabilities
Discovery Documents:
- Financial disclosure statements, including tax returns, pay stubs, bank statements, and investment account records
- Interrogatories and answers under oath
- Requests for production of documents and responses
Property-Related Documents:
- Marital asset inventory covering real property, vehicles, financial accounts, retirement accounts, business interests, and personal property
- Debt inventory covering mortgages, loans, and credit obligations
- Appraisals and expert valuations of real property, businesses, and personal property
Children-Related Documents (if applicable):
- Parenting plan establishing legal and physical custody, timesharing schedule, holiday provisions, and decision-making responsibilities
- Child support calculation worksheet, income information, and support order
- Custody evaluations ordered by the court (may be sealed)
- Guardian ad litem reports (restricted)
Support Documents:
- Alimony or spousal maintenance orders specifying type, amount, duration, and termination conditions
- Income information and standard of living analysis supporting support determinations
Settlement Documents:
- Marital settlement agreement resolving all issues including property division, debt allocation, support, and child-related provisions
- Mediation agreement, if the case was mediated (mediation communications remain confidential)
Court Orders and Judgments:
- Temporary orders entered during the pendency of the case
- Final judgment of dissolution of marriage, including findings of fact, conclusions of law, property division, support orders, custody and parenting time, and name restoration if requested
- Qualified Domestic Relations Orders (QDROs) dividing retirement accounts, if applicable
Post-Judgment Documents (if applicable):
- Petitions to modify custody, parenting time, or support
- Court orders on modification requests
- Contempt motions and enforcement actions
- Income deduction orders and liens
What Is Typically Confidential or Sealed:
- Social Security numbers and financial account numbers (redacted)
- Children's residential addresses and school information
- Domestic violence details in cases involving protective orders
- Mental health and substance abuse evaluation records
- Mediation communications
- Settlement negotiations not incorporated into filed documents
How to Get Proof of Divorce in Clay County?
Proof of divorce in Clay County is obtained through a certified copy of the final judgment of dissolution of marriage issued by the Clay County Clerk of Court. A certified copy bears the official court seal and the clerk's certification, making it legally acceptable for remarriage, name change, immigration, and other official purposes.
Steps to Obtain a Certified Copy:
- Identify the case by searching the MyCase Indiana Courts Case Search portal using the names of both parties and the approximate year of dissolution.
- Note the case number from the search results.
- Submit a request to the Clay County Clerk's Office in person, by mail, or as directed by the office.
Clay County Clerk's Office
609 E. National Avenue, Suite 213
Brazil, IN 47834
Phone: (812) 448-9024
Clay County Courts – Indiana Judicial Branch
- Provide the full names of both parties, the case number, and the approximate date of the final decree.
- Pay the applicable certification fee (currently $1.00 per page plus a $5.00 certification fee per document).
- Receive the certified copy in person or by mail with a self-addressed stamped envelope.
Members of the public who are uncertain whether a dissolution was finalized in Clay County may also consult the Indiana Judicial Branch public records guidance or submit a public records request to the appropriate state agency. The Indiana Department of Health Division of Vital Records can direct requesters to the county court of record for dissolution cases, as Indiana does not issue a separate state-level divorce certificate.
For dissolution records predating electronic filing, the Clerk's Office may need to retrieve archived paper files, which may require additional processing time. Requesters should provide as much identifying information as possible to facilitate retrieval of older records.
Can a Divorce Be Confidential in Clay County?
Dissolution of marriage proceedings in Clay County are presumptively public under Indiana Administrative Rule 9; however, specific portions of a case file or, in limited circumstances, an entire case may be made confidential by court order.
Circumstances Under Which Records May Be Confidential:
- Domestic violence cases: Courts may restrict public access to addresses, contact information, and other identifying details of protected parties in cases involving domestic violence or active protective orders.
- Children's information: Under Indiana Administrative Rule 9, certain information concerning minor children—including residential addresses, school information, and medical records—is excluded from public access.
- Mental health and substance abuse records: Medical and treatment records submitted as exhibits are restricted from public access.
- Sealed case files: A party may petition the court to seal all or part of a case file upon a showing of good cause. The court applies a balancing test weighing the public interest in transparency against the privacy interests of the parties.
- Mediation records: Communications made during court-ordered mediation are confidential under Indiana law and are not filed as part of the public court record.
- Confidential settlements: Terms of settlement that are not incorporated into a court order may remain private between the parties.
Members of the public seeking access to restricted or sealed records must file a motion with the Clay County Circuit Court demonstrating a legitimate legal basis for access. The Indiana Judicial Branch provides guidance on the categories of information excluded from public access under current court rules.
How Long Does Clay County Keep Divorce Records?
Clay County maintains dissolution of marriage records in accordance with Indiana's court records retention schedules established by the Indiana Commission on Public Records and the Indiana Supreme Court.
Retention Periods:
- Final judgments and decrees: Permanent retention; dissolution of marriage judgments are maintained indefinitely as part of the permanent court record.
- Complete case files: Dissolution of marriage case files are retained for a minimum of ten years following the close of the case under standard Indiana court records retention schedules; many counties retain these records permanently.
- Post-judgment modification orders: Retained as part of the original case file for the same period as the underlying case.
- Archived paper records: Cases predating electronic filing are maintained in physical storage and may require additional retrieval time; these records are not destroyed.
- Electronic records: Cases filed electronically are maintained in the Indiana court case management system and are accessible through the MyCase portal subject to applicable access rules.
Members of the public seeking records from cases closed many years ago should contact the Clay County Clerk's Office directly to confirm the current location and format of archived files. The Indiana Commission on Public Records establishes the official retention schedules applicable to county court records statewide. Under Indiana Code § 5-15-6, public agencies are required to maintain records in accordance with approved retention schedules and may not destroy records outside of those schedules.
Lookup Divorce Records in Clay County
- Clay County Courts – Indiana Judicial Branch
- Indiana Judicial Branch: Public Records
- MyCase: Indiana Courts Case Search
- Directory of Courts & Clerks in Indiana
- How to Request Public Records – Indiana Judicial Branch
- Indiana Department of Health: Vital Records
- Indiana Vital Records: Marriages
- Where to Write for Vital Records – Indiana (CDC)
- Request Copies of Court Records – Indy.gov
- Public Records Request Form – IN.gov