The Structure of a Missouri Family Court Case in 2024

Step 1: Drafting. All the necessary documents must be prepared, reviewed, signed (some in front of a notary). Redacted versions must also be prepared, blacking out personal information for all parties (not just yourself).

Step 2: File your case. Walk your documents into the courthouse. Attorneys are required to file electronically, but non-lawyers will should walk it in the door. If the court clerk wants the documents submitted in some other way (i.e. mail, fax, etc.), they should tell you that. There will be a filing fee associated with your new case. Every jurisdiction (location) has its own set of local court rules that you should look into, they may require some other specific steps. Make a note of your case number, and keep copies of all of your documents. The clerk should also give you a summons for service.

Step 3: Serve Respondent. When you file an action, you are generally required to formally notify the other side.  Ask the local county sheriff’s department (or hire a process server) to serve the Respondent for you. There will be a cost associated with this request. Call and ask for their “civil process division”, and ask specifically what they need from you. They will likely want a letter with instructions, two copies of the summons, a stamped return envelope, copies of all the documents, and payment. After they have served the other side, they will mail to you proof of service, which you will need to file with the court.

Step 4: Answers. Respondent generally needs to file an Answer, and generally needs to file that within 30 days. The Respondent may also choose to file a counter claim.  Again, walk that in the door.

Step 5: Counter Claims. If Respondent filed a counter claim, the Petitioner will generally need to file an answer to that document within 30 days. 

Step 6: Discovery. Each side may request interrogatories (a list of questions for information relating to the case) or a production of documents from the other side. They must send the other side notice of their request, and must file a “certificate of service” notifying the court that they have made this request of the other side.

Step 7: Settlement Negotiation. You and the other side may be able to reach an agreement regarding the ultimate outcome of the case. 

Step 8: Trial setting. If there is no settlement agreement, once the documents/evidence/investigation are prepared, you may schedule a court appearance, and ask the judge to set a trial. If you schedule a court appearance, you must notify the other side, and provide a copy of that notice to the court.

Step 9: Trial.  This is exactly what it sounds like. Each side presents their evidence, and the judge makes a decision. It will not be as exciting as what you see on television, but some tv shows present the right concept.

Step 10: Judgment. The court issues a judgment, either based on the trial, or based on the settlement agreement.

Step 11: After Trial Motions. If you get to this point, you really need to get a lawyer. If you are not happy with the court’s judgment, you have a very limited time frame to act. Talk to an attorney immediately.

Step 12: Custody modifications. Modifications of the judgment for custodial purposes can be requested based on a substantial change in circumstances.  They will follow the same outline, starting with Step 1, but use the same case number.