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I had a question about some paperwork my husband & I

I had a question...

I had a question about some paperwork my husband & I received.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No, neither of us have. We received these automatic family court order rule 68.3 & 68.5 papers from a summons department. We have no clue why these have been sent to us.

Lawyer's Assistant: Family law varies by state. What state are you in?

We was married in Missouri & have not lived there for 3 years. I live in Illinois & my husband is in California, which I will be moving back there in May.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is all the information that was sent. I'm just trying to figure out why these have been mailed to us.

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Answered in 5 minutes by:
3/16/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,919
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Was anything else attached to those standing orders? Whose name is ***** ***** Summons?

Do either of you have a child still living in Missouri?

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Customer reply replied 1 month ago

2 pieces of paper, one color green rule 68.3 & one color blue 68.5. That was all that was in the envelope. The names on the envelope is ***************, my name, & my husbands name, ******************

Thank you.

Those documents are sent out automatically when someone files for divorce - but that doesn't make any sense in your case. They're also used when there is a child custody or support hearing. It's theoretically possible that someone is claiming one of you has a child still in Missouri. Typically, though, the documents in that scenario wouldn't be addressed to both of you. Also, when there's a case, the Complaint should be included in the envelope. Someone definitely made a mistake here.

Call the clerk of the family court in St. Louis to see if they have any record of a case in either your name or your husband's. If they do, they should be able to send you the paperwork, which could give you some idea of how to proceed. If they don't, then you can probably disregard the documents. Standing orders and discovery requirements only apply when you're a party to a lawsuit.

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Customer reply replied 1 month ago
Well we haven't lived together for about a year, but neither of us has filed for any type of divorce. Very strange to receive this with just two pieces of paper, no information to contact, I don't understand. So I just google the phone number to Circuit Court St. Louis?

It is very strange, especially because if he had filed for divorce, (a) the envelope wouldn't be addressed to him and (b) there would be a divorce complaint contained inside it telling you when to respond.

You'll want the family court, since those orders are specifically related to divorce and custody cases.

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Customer reply replied 1 month ago
Could you tell me what this number written on the envelope means? "1851-DR01240" ?
Customer reply replied 1 month ago
Or maybe it could be 185I or 185L?

That could be the case number. DR probably stands for "Domestic relations." That might help the clerk find the case, but they should be able to look it up by name.

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Customer reply replied 1 month ago
Is there a way you could tell me what the case number ***** *****? They can't seem to find any information & said there should have been more paperwork in the envelope if in fact it was a divorce case.

I'm afraid I have no way of accessing the court's records - and we don't even know that there IS a case number. If they're not showing a record of a case with either of your names on it, you should be able to safely disregard the papers.

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It sounds like someone sent them to you by mistake. There's nothing you can do unless or until they send more information. Which seems unlikely, since you're not planning to divorce and don't have minor children living in St. Louis.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,919
Experience: Attorney with experience in family law.
Verified
Lucy, Esq. and 87 other Family Law Specialists are ready to help you
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Customer reply replied 1 month ago
Ok well I thank you for the little bit of help. Have a nice weekend.

You're welcome, and thank you! You, too.

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Customer reply replied 1 month ago
I called the clerk office & they said they cannot give me any information over the phone. That I have to go into the office in St. Louis, MO with a valid ID to inquire about this case. How is that possible when I do not even live in the state of Missouri & have not lived there for over 3 years?
This is quite frustrating since my name is ***** ***** envelope but they refuse to give me any information.
Customer reply replied 1 month ago
Once again, I live in Illinois & my husband is currently in California. Neither of us requested these documents & cannot get any answers over the phone with the family court office.

That doesn't make any sense. Court documents are public records. Anyone should be able to get basic information over the phone, especially "Is there a case with my name on it?"

If I were you, I'd call back and ask to speak with a supervisor. If they DO have a case with your name on it, and you're telling them you need a copy of the forms, they should send it to you. They can ask you to mail in a letter with the request and any copying fees, but I've never heard of a court that refuses to release information unless someone appears in person unless the court records are sealed.

And it also wouldn't make sense for their to be a sealed court case with your name on it. However, if there is, you'll probably want to hire a family law attorney in St. Louis who can help you from here, since you can't get to the courthouse.

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I'm afraid I have to step away for a bit for an appointment. This unfortunately happens sometimes because we have no way of knowing how much time a customer might need for followups. If you have more questions, I'll answer them as soon as I return.

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Customer reply replied 1 month ago
Do you have an attorney you could recommend to speak with in Missouri? Would a lawyer be able to speak upon this without charging a retainer?

We're unfortunately not able to recommend specific lawyers. It's possible you'd find someone to charge an hourly rate at least to do the initial legwork. They might want a retainer after that. At this point, without seeing a full complaint, it's difficult to know how much work would be involved, and that's one of the things lawyers are considering when asking for a retainer.

A good place to find someone is www.martindale.com.

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Customer reply replied 1 month ago
Ok well I appreciate the quick response! I don't understand why the clerk office continues to tell me they cannot give me any information without appearing at the office myself, which is false. The lady also mentioned that a lawyer would not be able to obtain anymore information, which is also false. I even tried searching the case ID number but to no availability.Could you possibly be able to help me better understand these 2 pieces of paper that was sent in the envelope?
One green paper, Automatic Family Court Order Rule 68.3
One blue paper, Mandatory Exchange of Documents Rule 68.5That was all that was included inside, along with the case ID number written on the front of the envelope.I'm just at a completely loss of understanding what this is or what it's about.

I honestly think it's a mistake. I'm completely at a loss, too, but at the end of the day - no one sent you enough information to make any sort of plan of action.

The green page goes out to everyone who has a case in the family court. It's telling people that they can't hide assets or make changes while the case is pending. It also is a reminder not to harass or abuse the other party.

The blue page is explaining what documents need to be exchanged in a family law case, whether the other party asks for them or not. You don't know who the other party is or what they want, so it's impossible to send them any documets.

Both orders would make perfect sense, if only there had been a Complaint in that envelope.

I don't have the slightest idea why anyone would send those documents to a couple, because you're never going to sue a couple in a family law case. Or why you would send those documents without the rest of the case file attached. To top if off, nothing the clerk is telling you makes any sense.

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Which is why, again, if I were you, I would probably disregard those papers unless or until I received something else. Because there's nothing you can do with them. There's also no reason to think that you're actually being sued for divorce or child support/child custody.

You might want to talk to your husband, if you haven't already, but if he's as confused as we are, it may be better to just try not to worry about it unless you get a Complaint with a Summons or other court documents.

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Customer reply replied 1 month ago
Well thank you again for the suggestions & advice. It's one of those things that make your head run wild with thoughts of how this happened! lol Once again, have a nice weekend!

You're welcome. I hope the mystery is solved soon. Have a good weekend, too!

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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,919
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