Family law encompasses a wide range of sensitive legal issues that affect individuals and families. In St. Johns County, Florida, the Clerk of Court plays a crucial role in managing these matters, providing essential services and resources to those navigating divorce, child support, domestic violence cases, and more. Understanding the Clerk of Court’s function and the available procedures is the first step in effectively addressing your family law needs within St. Johns County.
Understanding Family Law Cases Managed by the Clerk of Court
The Family Law Division of the St. Johns County Clerk of Court handles a variety of cases, including but not limited to:
- Dissolution of Marriage (Divorce): Legal termination of a marriage, addressing asset division, alimony, and related issues.
- Annulment: A legal declaration that a marriage was invalid from its inception.
- Paternity: Establishing the legal father of a child, often linked to child support obligations.
- Child Support: Establishing, modifying, and enforcing financial support for children. While managed within Family Law, payment inquiries are typically directed to the Florida Department of Revenue Child Support Program.
- Custodial Care and Access (Time-Sharing/Visitation): Determining legal custody arrangements and visitation schedules for children.
- Adoption: The legal process of becoming the parent of a child who is not biologically one’s own.
- Injunctions for Protection (Restraining Orders): Orders to protect individuals from domestic violence, dating violence, repeat violence, stalking, or sexual violence.
- Modification and Enforcement of Orders: Changing existing court orders due to changes in circumstances and ensuring compliance with court-ordered actions.
- Civil Contempt: Actions taken when a party fails to comply with a court order.
For all these matters within St. Johns County, the Clerk of Court acts as the official record keeper and administrative hub, processing filings, managing documents, and providing access to court information.
Dissolution of Marriage in St. Johns County: A Detailed Look
Dissolution of marriage, commonly known as divorce, is a frequent reason individuals interact with the Clerk of Court in St. Johns County, Florida. Florida law dictates specific requirements for obtaining a divorce.
Residency Requirement
To file for divorce in Florida, at least one spouse must have resided in the state for a minimum of six months prior to filing the Petition for Dissolution of Marriage. This residency requirement ensures that the Florida court has jurisdiction over the case.
Public Record Considerations
It’s crucial to understand that when a dissolution of marriage case is filed with the Clerk of Court, it becomes a public record. This means that the information contained within the case file is accessible to the general public. While newspapers may or may not publish this information based on their policies, the details are legally available for review at the Clerk’s office.
Types of Dissolution of Marriage in St. Johns County
Florida law recognizes two primary types of divorce proceedings:
- Standard Dissolution of Marriage: This is the more common type, often involving complex issues such as property division, alimony, and child-related matters (if applicable).
- Simplified Dissolution of Marriage: A streamlined process designed for couples who meet specific criteria, making it a faster and less complicated option.
Standard Dissolution of Marriage: The Traditional Route
A Standard Dissolution of Marriage in St. Johns County involves a filing fee of $408.00. It’s important to note that this fee is non-refundable, even if the parties reconcile and decide to dismiss the case.
While individuals have the right to represent themselves (“pro se”), it is highly advisable to seek legal counsel from an attorney when pursuing a standard dissolution. Family law can be intricate, and an attorney can ensure your rights are protected and advise you on the legal and financial implications of decisions made during the divorce process.
For those who choose to proceed without an attorney, the Clerk of Court in St. Johns County provides access to forms for review and purchase at the St. Johns County Courthouse. These forms are also available online through the Florida Courts website (http://www.flcourts.gov). However, it is vital to remember that the Clerk’s Office is legally prohibited from providing legal advice or assistance. Their role is procedural and administrative, not advisory.
Simplified Dissolution of Marriage: A Streamlined Option
A Simplified Dissolution of Marriage offers a more straightforward path to divorce for couples who meet specific eligibility requirements. This option is designed for amicable separations where couples are in agreement on all key issues.
Eligibility Criteria for Simplified Dissolution:
To qualify for a simplified dissolution in St. Johns County, all of the following conditions must be met:
- Residency: Either or both spouses must have lived in Florida for at least 6 months before filing.
- Irretrievable Breakdown: Both spouses agree that the marriage is irretrievably broken and cannot be saved.
- No Minor Children: The couple must not have any minor or dependent children together, and the wife must not be pregnant.
- Agreement on Asset and Debt Division: Spouses must have already reached a mutually agreeable division of their assets and liabilities.
- No Alimony Sought: Neither spouse is seeking alimony (spousal support) from the other.
- Limited Financial Disclosure: Both spouses are willing to forgo extensive financial discovery beyond basic financial affidavits.
- Waiver of Trial and Appeal: Both spouses agree to give up their right to a trial and appeal.
- Joint Petition Signing: Both spouses are willing to visit the Clerk’s office to sign the petition (not necessarily together).
- Joint Final Hearing Attendance: Both spouses are willing to attend the final hearing together.
If any of these criteria are not met, a Standard Dissolution of Marriage is required.
Procedure for Simplified Dissolution:
In a simplified dissolution, both parties must sign the petition under oath, either in the presence of a deputy clerk at the Clerk of Court’s office or a notary public. Valid photo identification (driver’s license or official ID card) is required for signature verification.
Proving Florida Residency for Simplified Dissolution:
Residency for at least six months in Florida must be demonstrated to the court. Acceptable forms of proof include:
- A valid Florida driver’s license, Florida identification card, or voter registration card issued to one spouse at least 6 months prior to filing.
- Testimony from a person who can confirm under oath that either spouse has resided in Florida for more than 6 months.
- An Affidavit of Corroborating Witness (Florida Supreme Court Approved Family Law Form 12.902(i)). This form must be signed by someone who can attest to the residency and can be signed in the presence of a clerk or notary public.
The filing fee for a Simplified Dissolution of Marriage is also $408.00, payable to the Clerk of Court. Fee waivers may be available for individuals who can demonstrate financial indigency. The Clerk’s Office can provide the necessary forms to apply for a fee waiver.
Important Note Regarding Filing Fees and Hearings:
As with standard dissolutions, the filing fee for a simplified dissolution is non-refundable, even if reconciliation occurs. Failure to appear at the scheduled final hearing by either or both parties may result in the dismissal of the case.
Contacting the Clerk of Court in St. Johns County
For further information, forms, and assistance with filing family law matters, including dissolution of marriage, you can contact the Clerk of Court in St. Johns County, Florida. Visit their website or office for specific details related to your situation. Remember, while the Clerk’s office provides procedural assistance, they cannot offer legal advice. Consulting with an attorney is always recommended to ensure your rights and interests are fully protected throughout any family law proceeding.
