Understanding St. Louis County Local Rule 68

St. Louis County Local Rule 68 establishes procedural and substantive obligations related to family court proceedings in St. Louis County, Missouri. The rule applies to cases involving dissolution of marriage, legal separation, annulment, custody and support, modifications, and paternity actions. This document describes the scope, structure, and key provisions of Local Rule 68, including mandatory conduct orders and required financial disclosures imposed on litigants within the jurisdiction.​

What Is St. Louis County Local Rule 68?

Local Rule 68 governs family court actions within St. Louis County, Missouri. Its purpose is to ensure fairness, transparency, and civility during family law proceedings by establishing specific obligations for all parties involved. The Rule applies to all petitions for dissolution of marriage, legal separation, annulment, custody, support, motions to modify, and paternity cases that are filed within St. Louis County.​

At its core, Rule 68 consists of two main sections:

• Rule 68.3 (Automatic Family Court Order): Imposes immediate and mandatory behavioral requirements on all parties from the moment a case is filed.​
• Rule 68.5 (Mandatory Financial Disclosure): Requires each party to disclose vital financial and asset information early in the process to ensure transparency and facilitate settlement.

What Rule 68 covers

Scope of Rule 68

The rule applies to all family law petitions filed in St. Louis County. These include:

• Dissolution of marriage
• Legal separation
• Annulment
• Divorce modifications
• Child custody cases
• Child support cases
• Paternity actions

The Automatic Family Court Order (Rule 68.3)

Upon filing a new family law petition, both parties are subject to an Automatic Family Court Order under Rule 68.3. The purpose is to maintain civility, protect property, and preserve the status quo while litigation is pending.​

Key Provisions of Rule 68.3

• Prohibition of harassment, threats, and other forms of disturbing conduct directed toward any party or child involved in the matter.​
• Prohibition against hiding, damaging, or dissipating marital assets, including both physical and financial property.​
• Requirement to maintain existing insurance policies (medical, dental, vision, automobile) for all covered persons unless otherwise ordered.​
• Restrictions on relocating children or denying custody and visitation except by mutual consent or court order.​
• Requirement to maintain household expenses, utilities, and bills necessary for family residence.​
• Prohibition against terminating or restricting utilities and essential services for the family home.​
• Restriction from draining joint accounts, selling property, or incurring certain debts without court consent or explicit agreement.​​

These rules are mandatory, not optional. The purpose is to safeguard parties from unfair conduct and maintain stability until the final resolution of the case.

Mandatory Financial Disclosure (Rule 68.5)

Within sixty days of case initiation, both parties must comply with mandatory financial disclosure requirements set forth by Rule 68.5.​

Documents Required with Rule 68.5:

• Federal and state income tax returns: For the last three years.​
• Wage statements or pay stubs: Current evidence of income.​
• Records of childcare and healthcare expenses: For children involved in the case.​
• Bank statements: Three most recent statements for all individual or joint accounts.​
• Retirement or benefit plan statements: Up-to-date information on account values.​
• Appraisals: If a marital property appraisal has been conducted within the last year.​
• Credit card statements: For all credit cards, both individual and joint, for the last three months.​
• Mortgage and debt balances: Most recent statements for property owned or debts owed.​

If a party seeks maintenance (spousal support), property division, or attorney’s fees, these disclosures become especially critical.

Penalties for Noncompliance: Failure to provide the required disclosures can result in severe sanctions, including:

• Orders for payment of the other party’s attorney’s fees and costs.​
• Exclusion from presenting evidence on nondisclosed issues (e.g., hiding pension values).​
• Potential dismissal of pleadings, which could end a party’s case entirely.​

The rationale behind mandatory disclosure is to promote fair, informed decision-making and to prevent “discovery abuse” or hiding assets, which would unfairly disadvantage the other party.

How Rule 68 Protects Litigants

Local Rule 68, through its automatic orders, protects family residence, finances, and children’s living status from destabilization during a pending case. The restrictions on asset transfers or account withdrawals prevent unilateral financial harm and maintain equitable conditions for both parties until judicial resolution. Additional requirements for maintaining insurance and utility services support property and health protection for all affected individuals.​

Reduces conflict and protects assets

By issuing a “be nice” order and specific rules of conduct, Rule 68 discourages harassment, manipulation, and escalation of disputes. Frozen assets and disclosure requirements prevent one party from “gaming the system” by hiding money, selling property, or racking up debts.

Local Rule 68, through its automatic orders, protects family residence, finances, and children’s living status from destabilization during a pending case. The restrictions on asset transfers or account withdrawals prevent unilateral financial harm and maintain equitable conditions for both parties until judicial resolution. Additional requirements for maintaining insurance and utility services support property and health protection for all affected individuals.​​

Protects children involved

‘Stability in living arrangements, access to healthcare, and maintenance of insurance coverage ensures the well-being of children during court proceedings.​

Strives to promote coming to an agreement/settlement 

Up-front financial transparency enables both parties and their attorneys to negotiate in good faith, leading to quicker, more amicable outcomes.

Courts strictly enforce Local Rule 68. Judges may impose adverse findings, penalties, or modifications to property division and custody based on observed violations. Attorneys and litigants are advised to comply strictly with all requirements to avoid sanctions and preserve legal claims and defenses.​​

Practical Advice for Navigating Rule 68

Responding to Violations of Rule 68

If one party violates Rule 68, the other party can seek remedies through the court. The judge may impose sanctions, order unequal property division, or make custody determinations unfavorable to the violator. Courts take these violations seriously in order to maintain order and protect all parties.​

Waivers and Modifications

While Rule 68 creates broad and strict requirements, there is some room for waiver or modification by agreement or by court order, but only for good cause. Parties may, for example, jointly request the court allow them to forgo the mandatory document exchange if both agree it is unnecessary, subject to judge approval.

Obligations and recommendations under Rule 68

If you are facing a divorce or a family law case in St. Louis County, it’s vital to be aware of your obligations under Rule 68:

• Consult an attorney: Legal counsel can ensure that you fully understand and comply with every requirement.​
• Be proactive with disclosures: Early, accurate disclosure can prevent delays and adverse rulings.​
• Follow all orders: Even if you disagree with something, violating a court order will almost always backfire.​
• Maintain civility: Mutual respect, especially with children involved, reduces stress and helps everyone move forward.​

Get help from a local divorce attorney

St. Louis County Local Rule 68 imposes strict procedural and substantive requirements on family law litigants. The rule promotes the preservation of property, protection of children, and judicial transparency. Individuals involved in family law cases in St. Louis County must comply with all requirements of Rule 68 to avoid penalties and ensure fair outcomes. Legal counsel is recommended for guidance and compliance in all such matters.

The divorce and family law attorneys at Haefner Law would be happy to provide legal assistance or additional resources if you or someone you know is in the process of filing for a divorce in St. Louis County. Feel free to contact us to schedule a free consultation.