Definitions

Some simple legal definitions, in every-day language, under Missouri law in 2024, that might help this website (or your court case) make a little more sense…. As always, please know that it is best practice to hire a lawyer to represent you or explain these terms to you.

• Answer – When a new case or action is opened or reopened, and the initiating party (generally but not always the Plaintiff or Petitioner) serves the responding party (generally but not always called the Respondent or Defendant), if an Answer is due, it is generally, but not always, due within 30 days of the date of service.
• Contested – If there are any issues at all where the parties disagree, the matter is contested.
• Dissolution Action – A divorce.
• Form 14 – This form is used for the calculation of child support in Missouri.
• Paternity or Custody Action – A paternity suit is a custody suit between unmarried parents. When a child is born to married parents, the father is presumed to be the father of the child. A paternity suit does not necessarily mean that the mother is suggesting the father is not the father, it is simply the title necessary to raise a custody case if the parents were not married. In some jurisdictions, this might also be called a simple custody suit if the father is already listed on the birth certificate.
• Petitioner or Plaintiff – The person who filed or initiated the action.
• Physical Custody – the parent or party exercising physical possession/control of the child.
• Publication – What to do when you filed your case, but you cannot find the other person to serve them. With the court’s authorization, you may publish notice of your action in a newspaper. Where that newspaper is located depends on the type of action and the location of the parties.
• Redacted – Portions of a document are blacked out for various reasons, generally because they contain sensitive, personal information.
• Respondent or Defendant – The person the action was filed against.
• Service – In most Missouri cases, when a new case is filed, or a modification action on an old case is initiated, the party bringing the action is required to formally serve (notify) the other side with copies of the paperwork filed. The local sheriff can be used for service by contacting the sheriff’s office in the county where the party to be served resides, and asking for their civil process division, or just telling them you need someone served. If an Answer is due, it is generally, but not always, due within 30 days of the date of service.
• Uncontested – Both parties agree on all issues, and everyone is prepared to agree and sign all documents.
• Limited Scope – Limiting an attorney’s involvement in an action.
• Pro Se – A non-lawyer representing him or herself in a personal action. While you can represent yourself, you cannot represent anyone else. It is illegal to practice law without a license.
• Legal Custody – The process of making decisions for the welfare and upbringing of a child, including legal, medical, religious, cultural or other significant decision making.
• 5-2-2-5 – A common joint custody schedule: