Pro Bono Attorneys Deskbook

Family Law Forms Approved by the Supreme Court

In the area of family law proposed Supreme Court approved forms have been designed for pro se litigants. New Rule 88.09(b) authorizes Supreme Court approved forms for the pleadings, forms, and proposed judgment for use in dissolution of marriage, legal separation, parentage or modification of judgment proceedings. The rule provides that these forms “shall be accepted by the courts of this state.”

Where a litigant is not represented by counsel, the new Rule 88. 09 mandates the use of the approved forms. Where the otherwise self-represented litigant is represented by counsel for the purpose of drafting pleadings, forms, and proposed judgment, it appears that the approved forms are not mandated since the litigant is represented for that purpose even though otherwise unrepresented. The lawyer providing limited representation in drafting documents may use his or her own forms. The corrected rule provides that the trial court can waive the required use of the approved forms
(Rule 88.09(b)).

Although Rule 88.09 is effective July 1, 2008, the standard forms have not yet been approved by the Court.  They have been approved by the Supreme Court Committee on Access to Family Court which under Rule 88.09 is charged with drafting the forms.  The Committee approved forms are presently referred to other Supreme Court committees for comment. Following those comments, the Court will be approving the forms.

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