Suggested CAFC010 – Answer to Petition for Dissolution of Marriage

Proposed Changes to CAFC010 – Answer to Petition for Dissolution of Marriage

 There are several minor changes suggested for the answer:

1.  The prayer for relief should be changed.

The court would always grant the first four items in every dissolution of marriage.  We do not want the petitioner to be able to uncheck this option.  We could eliminate the check boxes completely, but on our most recent forms that we approved, we used the permanently checked boxes to emphasize that the court must make these orders.

Additionally, we have eliminated the “If you are the wife . . .” language in connection with the restoration of a former name to make the forms gender neutral.  A man could change his name at the time of marriage and seek restoration of his former name at the time of the dissolution.  The option of maiden name of former name is eliminated.

Additionally, we have added language requesting attorney’s fees.  This has been brought up several times by judges and lawyers since the last revision of the forms, and it would seem appropriate since we have a signature block for attorneys on the form.  This language is similar to that approved on more recent forms.

2.  The proof of service currently does not allow for service by email.  The newer forms use this different language and we should change the language on the older forms when we are making changes so they can be more consistent.3.  In paragraph 1 it currently states:

3.  In paragraph 1 the third box currently states “This third petition my spouse filed in this case (Second Amended Petition)”.  The third option should begin with the word “The” instead of “This”.

4.  All statutory references have been changed from RSMo. § to §, RSMo.  These changes were requested by the court when they approved the last set of forms.

[Current version 316 – New version 320] 

Current Approved Version

Suggested Version

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