Court Rules

Rule 68 - Dissolution of Marriage

Rule 68.3.1 - Entry of Judgment Upon Affidavit - Requirements

1. Judgment or Order Entered - When. A final judgment or order in a proceeding for dissolution of marriage or legal separation, motion to modify, and action for declaration of paternity may be entered upon the affidavit of either or both parties when:
(a) There are no minor children of the mother and father involved in the action and the mother is not pregnant, or each party is represented by separate counsel and have entered into a written agreement determining custody and child support; and
(b) The adverse party has been served in a manner provided by the Missouri rules of civil procedure or has formally filed a verified entry of appearance or responsive pleading; and (d) There is no marital property to be divided or the parties have entered into a written agreement for the division of their marital property. judgment or orders upon an affidavit, the submitting party shall file an affidavit containing, at a minimum, the information in Form 1499, setting forth sworn testimony showing the court’s jurisdiction and factual averments sufficient to support the relief requested in the proceeding, together with a copy of the proposed judgment or order, a copy of any written
agreement proposed for adoption by the court, a completed Form 14 (if children are
involved), a completed Form 1402A and Form 1402B, and any other supporting evidence. The filing of such affidavit shall not be deemed to shorten any statutory waiting period required for entry of a judgment of dissolution or judgment of legal separation. of judgment upon affidavit must be given in writing not less than 10 days prior to the filing of the affidavit, unless the request for such relief is by agreement of the parties. Notice shall be given to legal counsel for the opposing party or to the opposing party, personally, if not represented, with a copy of the notice being filed with the court. No notice shall be required to be given to a party who is in default unless otherwise required by law.
4. Hearing Required - When. The court shall not be bound to enter a final
judgment or order upon the affidavits of either or both parties, but the court may, upon its own motion, require that a formal hearing be held to determine any or all issues presented by the pleadings.
Adopted by Court en banc 9/27/96
Effective 10/27/96