St. Charles County Family Court

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Following are the steps in a typical dissolution case with minor children.

1. Filing of Original Petition.
2. Issuance and service of summons.
3. Court sets the date for a Case Management Conference.
4. Filing of Original Answer (and possibly a Counter Petition).
5. Parents attend a parent education program.
6. Mediation to explore areas of agreement and disagreement.
7. Discovery (exchange of information needed for trial).
8. Pre-trial conference.
9. Trial (may be a contested or non-contested hearing).
10. Entry of Judgment of Dissolution.

68.10  PARENT EDUCATION PROGRAM

(A)    All parties in any proceeding for dissolution of marriage, legal separation, annulment, paternity or enforcement of child custody or visitation, who have filed pleadings or who have otherwise entered their appearance with this Court, shall be required to participate in and successfully complete a court-approved parent educational program. All parties in any proceeding for motion to modify, where the parties have not previously attended a parent education program shall be required to participate in and successfully complete a court-approved parent educational program. A certificate of completion shall be filed with the Court.

(B)    The petitioner or movant shall attend said program within sixty days of the filing of a petition or motion. The respondent in any such proceeding shall attend said program within sixty days of the date of service of process. Each party shall pay the cost of their own program.

(C)    The Court may strike or dismiss the pleadings of any non-complying party or impose any other sanctions deemed appropriate by the Court.

(D)    For good cause shown, the Court may waive application of this rule.

(Repealed and Adopted 1/2/07, Amended 4/1/13)

 PURPOSE OF THE CASE MANAGEMENT SYSTEM

On January 1, 1997, the Missouri Supreme Court mandated provisions of Supreme Court Operating Rule 17 – Case Processing Time Standards.  The Rule 17 Standard mandates that 50% of all Domestic Cases must be resolved within 120 days of filing, 90% of all Domestic Cases must be resolved within 240 days of filing and 98% of all Domestic Cases must be resolved within 365 days of filing.  Judges are legally and ethically bound to follow these standards.  In addition, studies have shown that 95% of all Domestic Cases will be resolved without a trial.  It is obvious that the cost to the parties, both emotional and financial, increases in direct proportion to the length of time it takes to resolve their case.  It is the intent of this system to focus the parties and their Counsel on settlement of the case at the earliest possible time.  Resources are available, in the form of Mediation and Pretrial Conference to aid in the settlement process.  It is expected that learned and skilled counsel will immediately undertake necessary discovery, exchange commonly requested documents and engage in meaningful settlement discussions prior to the Case Management Conference.  If a trial is necessary, it is the hope of the Court that some issues may be settled, leaving only a few issues to be resolved by the court.  The Court suggests the use of Partial Settlement Agreements to limit the contested issues at trial.

In the end, the decision lies with the parties.  A Judge, no matter how skillful and experienced, is called upon to make decisions about the custody of children and division of assets based upon very limited contact with the parties and their children.  The parties are the ones who are best suited to decide upon a fair division of their assets and a parenting plan that will be the best possible plan for their children.

The parties will recover from the loss of their marriage. Judges have seen the harm that comes to children in divorce.  Unnecessary aggressive litigation does irreparable harm to the children and benefits no one.  The law requires that the Court from a custody plan that provides the maximum frequent and meaningful contact between the children and their parents.  It is the hope that this process will encourage parents to think first of their children and do their utmost to avoid unnecessary controversy and harm to the most precious of their assets, their children.

On-Line Resources
www.mobar.org
Family Law pamphlets, Parenting Plan Guidelines & Forms.
www.courts.mo.gov
Case information on Case.net, Parenting Plan Guidelines & Forms, Form 14.
www.fatherhood.gov
Articles on fathering, answers to Frequently Asked Questions.
www.marchmediation.org
Mediation resources, Form 14 link.
www.uptoparents.org
Free tool for parent planning.
www.daads.com
Advice for distance parenting.
www.missourifamilies.org
Age specific effects of divorce, divorce & domestic violence, parenting advice.
www.hellodivorce.com
State laws, answers to Frequently Asked Questions regarding parenting and legal matters.
www.dss.mo.gov/cse/
Child Support Agency.
https://dss.mo.gov/mhd/mc/pdf/enroll.pdf
MC+ for Kids (health insurance).
http://www.dhss.mo.gov
MO Dept. of Health and Senior Services - Vital Records.
http://singleparents.about.com
Essential information and support for divorcing and single parents. 

Suggested Reading List for Kids
These books are available on the internet, in major book stores or in local libraries.

Dinosaurs Divorce by Marc Brown and Laurie Krasny Brown.  (Ages 3-7).  A picture book to help young children and their families deal with the anxieties of divorce.  Simple, direct text with lively illustrations.

It’s Not Your Fault, Koko Bear by Vicky Lansky.  (Ages 3-7).  This is a read-together book for parents and children.  Koko Bear’s parents explain to her that they are getting divorced and allow her the chance to express her feelings, while assuring her that the divorce is not her fault.  Each page contains practical tips for parents.

Was it the Chocolate Pudding? By Sandra Levins and Bryan Langdo.  (Ages 4-8).  Published by the American Psychological Association.  This book explains divorce in a language suitable for children.  Includes parent information section written by a child psychologist.

Mama and Daddy Bear’s Divorce by Cornelia Maude Spelman.  (Ages 4-8).  A young girl coping with her parents divorce feels sad and frightened.  She comes to realize that she continues to be surrounded by love as the family celebrates her birthday and time moves along.

At Daddy’s on Saturdays by Linda Walvoord Girard.  (Ages 5-8).  A story about a young girl named Katie whose parents are going through a divorce.  The book discusses realistic feelings, such as Katie’s fear that her dad may forget about their visits.  A wonderful story for discussing the fears your child may be experiencing at this time.

Loon Summer by Barbara Santucci.  (Ages 5-9).  A young girl, Rainy, spends her summer with her father after her parents’ divorce.  As summer progresses, Rainy adjusts to the reality of the changes in her family and grows to understand the unconditional love her parents will always have for her. 

Divorced But Still My Parents (A helping book about divorce for children and parents) by Shirley Thomas & Dorothy Rankin.  (Ages 6-12).  An interactive workbook for children to help them learn more about divorce and themselves.  Parent and child can do the workbook together or older children can use it on their own as a journal to help them with their feelings.

Divorce is Not the End of the World:  Zoe and Evan’s Coping Guide for Kids by Zoe & Evan Stern. (Ages 7-16).  Two young children who have gone through the divorce experience themselves offer an honest, positive, and practical guide that will help other kids realize they are not alone and that their feelings are not unusual.

Rope Burn by Jan Siebold.  (Ages 9-12). Richard has moved into a new school as the result of his parents’ divorce.  Richard is asked in his English class to write about a proverb that reflects his life.  A funny and realistic story about challenges that teenagers face when sorting through their parents’ divorce.

The Divorce Express by Paula Danziger.  (Ages teens through young adults).  Fourteen-year-old Phoebe travels between her parents’ two homes by bus, which she calls “The Divorce Express”.  A great story about coping with changes and a child’s resiliency.

All forms are located at www.selfrepresent.mo.gov