You don’t hear much about it on TV legal dramas, but a Mandatory Document Exchange is a key step in a divorce case. It is part of the process of Discovery that we discussed in last week’s blog, and some courts, including St. Louis County and St. Charles County, require it in all divorces.
As the name implies, the rule requires both divorcing couples to share information to give a complete picture of each person’s financial circumstances. This includes producing to the other up to date tax returns, pay stubs, bank statements, investment statements, retirement accounts, and expenses for the children.
Information that helps to establish the value of property and assets should be included as well. This could include appraisals on real estate, vehicles, jewelry, or a business that either party owns.
St. Louis County and St. Charles County rules require that the parties produce the documents to each other within 60 days. Local Rule 68 is the pertinent rule for exchanging documents in these two counties.
For St. Louis County Rules of Court: Click on Rule 68, then scroll to 68.5 on page 5.
For St. Charles County Local Rules and Filing Information: Click on 11th Judicial Circuit Local Court Rules, then follow the table of contents to Rule 68. You will find Mandatory Document Exchange on page 47.
You will also need the Missouri Court Compliance form.
St. Louis City, Jefferson County and Franklin County do not have a Mandatory Document Exchange rule, but exchanging these documents is still a typical part of the Discovery process.
For non-divorce cases (i.e. paternity cases, modifications of custody or support, etc), certain aspects of the rule still applies. Review each county’s rule for more information.
We are here to help. With a combined 30 years in family law, the attorneys at Jones Family Law Group, LLC, will provide the legal guidance you need. For questions or to schedule a confidential consultation, contact our experienced team.
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