INITIAL ORDERS

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CIVIL RULE - NO. 20

INITIAL ORDERS

1. Standing Orders
   Effective February 1, 2025, the following standard orders will be effective in every divorce case.
   • Reasonable Personal Behavior Required. Both parties are restrained and prohibited from bothering, harassing, molesting, or otherwise interfering with the privacy of the other at home or work or elsewhere, in person or by telephone or e-mail or other electronic means. Neither party shall physically or verbally threaten the other with bodily harm or place the other in fear for his or her safety. The terms of this Order shall be enforceable by any law enforcement officer to whom a copy of this Order is exhibited and either party shall have the assistance of any such law enforcement officer upon request without further Order of the Court. The parties are each advised that violation of this Order may constitute violation of a protective order under K.S.A. 21-5924, as amended.
   • Maintain Financial Status Quo. Both parties are both restrained and prohibited from altering, removing, selling, giving away, disposing, hiding, spending, mortgaging, pledging, or encumbering any assets, including withdrawals from checking, savings or other financial accounts, unless reasonably necessary for normal day-to-day business or personal expenses, for reasonable attorneys’ fees and litigation expenses, in order to comply with this court’s orders, or with written consent from both parties.
   • Records Must Be Maintained. Both parties are restrained from destroying, altering or hiding any personal or business records, whether written, electronic, or any other form.
   • No Changes to Insurance. Both parties are restrained and prohibited from modifying, altering, changing or canceling any coverage, persons insured or beneficiaries named on any existing insurance policy, whether for life, medical, dental, health, vehicle, disability, death, dismemberment or other type or kind of insurance, unless with written consent from both parties.
   • Civility and Protection of the Child(ren) from Harmful Conflict. If the parties have minor children, each parent shall make every possible effort to protect their child(ren) from awareness of or involvement in conflict between the parents. Neither parent shall allow the minor child(ren) to read court pleadings or related documents. Neither parent shall make or allow others to make any critical or disparaging remarks about the other parent (or that parent’s family, friends and associates), while the minor child(ren) is/are present or can hear or read such remarks. Each parent shall make sure the minor child(ren) is/are not within the presence of any person making any critical or disparaging remarks about the other parent (or that parent’s family, friends and associates).
2. Mandatory Information Exchange – Divorce/Dissolution.
   • The documents listed below will be exchanged within 60 days of filing or 45 days of service in any divorce case, whichever is later. No further order is required. Unreasonable failure to voluntarily provide the listed information may result in sanctions including but not limited to attorney fees and costs incurred by the other party in obtaining the information.
   • Either party may request an Informal Disclosure Order on an ex parte basis at any time. For issuance ex parte, only the Court approved form may be submitted for signature. Modifications to the form’s substance is prohibited. The Court approved form will not issue ex parte if there is a final or pending Petition for Protection from Abuse (K.S.A. 60- 3101 et seq.), Petition for Protection from Stalking, Sexual Assault or Human Trafficking (K.S.A. 60-31a01 et seq.), or if one of the parties is then subject to a charge of, or been previously convicted of any crime specified in article 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or K.S.A. 21-5401 through 21-5609, 21- 6104, 21-6325, 21-6326 or 21-6419 through 21-6422, and amendments thereto, in which the party or a child of either parent is the victim of such crime.
   • If the case is not eligible for an ex parte order (see section 2 above), a party may redact personal identifying information including but not limited to address, phone numbers, emails, account numbers, social security numbers, provided that the party maintains in his or possession an unredacted copy that can be made available for later use.
   • Documents to be Exchanged.
     • Complete signed and notarized Domestic Relations Affidavit (The parties shall not use the “short form” unless specifically authorized by the Court):
     • Federal and State Income Tax Returns with all attachments and schedules for the most recent tax year, including, but not limited to W-2s, 1099s, 1098s, K-1s, Schedule C, Schedule E and any other schedules filed with the IRS
     • Copies of each payroll statement, pay stubs, pay advice (or equivalent documentation) for the past 12 months prior to the filing date from each employer from compensation was paid during the 12-month period, and the year-end pay stub (or equivalent documentation) for the calendar year that concluded prior to the filing of the action;
     • Copies of all credit card statements (whether individual or joint accounts) for the past 6 months prior to filing date;
     • Copies of all checking account statements (whether individual or joint accounts) for the past 6 months prior to filing date;
     • Proposed Parenting Plan;
     • Documentation confirming the cost and status of enrollment of employer provided medical, dental, vision and prescription insurance coverage for the party only, the party plus spouse (if applicable), and the party plus family (and/or party plus child(ren)) if offered. If any persons are covered by the policy other than the parties and their children together, the party shall disclose the first names and ages of all others covered by the policy;
     • For the six (6) months prior to the filing of the petition, statements, or other proof of payment of all work-related daycare expenses paid by a party; and
     • A preliminary child support worksheet.
   • If there is a final or pending Petition for Protection from Abuse (K.S.A. 60-3101 et seq.), Petition for Protection from Stalking, Sexual Assault or Human Trafficking (K.S.A. 60- 31a01 et seq.) involving the parties, or if one of the parties is then subject to a charge of, or been previously convicted of any crime specified in article 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or K.S.A. 21-5401 through 21-5609, 21- 6104, 21-6325, 21-6326 or 21-6419 through 21-6422, and amendments thereto, in which the party or a child of either parent is the victim of such crime, a party may redact personal identifying information including but not limited to address, phone numbers, emails, account numbers, social security numbers, provided that the party maintains in his or possession an unredacted copy that can be made available for later use.
3. Mandatory Information Exchange – Parentage.
   • The documents listed below will be exchanged within 60 days of filing or 45 days of service in any parentage case, whichever is later. No further order is required. Unreasonable failure to voluntarily provide the listed information may result in sanctions including but not limited to attorney fees and costs incurred by the other party in obtaining the information. This rule does not apply to cases initiated by the State (IV-D programs) as an original action or pursuant to the Uniform Interstate Family Support Act (K.S.A. 23- 3601 et seq.), the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act (60-31b01 et seq.), or as otherwise permitted by law.
   • Documents to be Exchanged.
     • Complete signed and notarized Domestic Relations Affidavit (The parties shall not use the “short form” unless specifically authorized by the Court);
     • Federal and State Income Tax Returns with all attachments and schedules for the most recent tax year, including, but not limited to W-2s, 1099s, 1098s, K-1s, Schedule C, Schedule E and any other schedules filed with the IRS:
     • Copies of each payroll statement, pay stubs, pay advice (or equivalent documentation) for the past 12 months prior to the filing date from each employer from compensation was paid during the 12-month period, and the year-end pay stub (or equivalent documentation) for the calendar year that concluded prior to the filing of the action;
     • Proposed Parenting Plan
     • Documentation confirming the cost and status of enrollment of employer provided medical, dental, vision and prescription insurance coverage for the party only, the party plus spouse (if applicable), and the party plus family (and/or party plus child(ren)) if offered. If any persons are covered by the policy other than the parties and their children together, the party shall disclose the first names and ages of all others covered by the policy;
     • For the six (6) months prior to the filing of the petition, statements, or other proof of payment of all work-related daycare expenses paid by a party; and
     • A preliminary child support worksheet
   • If there is a final or pending Petition for Protection from Abuse (K.S.A. 60-3101 et seq.), Petition for Protection from Stalking, Sexual Assault or Human Trafficking (K.S.A. 60-31a01 et seq.), or if one of the parties is then subject to a charge of, or been previously convicted of any crime specified in article 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or K.S.A. 21-5401 through 21-5609, 21-6104, 21-6325, 21-6326 or 21-6419 through 21-6422, and amendments thereto, in which the party or a child of either parent is the victim of such crime, a party may redact personal identifying information including but not limited to address, phone numbers, emails, account numbers, social security numbers, provided that the party maintains in his or possession an unredacted copy that can be made available for later use

Court Approved Form

INITIAL DISCLOSURE AND CASE MANAGMENT ORDER

In accordance with the rules of the Supreme Court relating to District Courts and the time standards for domestic relations cases,

IT IS ORDERED that

1. The above captioned case is set for ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬____________[insert hearing type] on ________________[insert date]. The parties and counsel shall personally attend, unless excused by the Court in advance.
2. Within three days of receipt, counsel for the requesting party (or the party if selfrepresented) shall serve a copy of this order on the opposing party and file proof of service with the Clerk of the Court.
3. Within 30 days from the date of this order, the parties and counsel (if a party is represented) are ORDERED to schedule a meeting to be personally attended by both parties and their attorneys to exchange all financial documents related to the parties’ income and expenses for support determination and for evaluation of the parties’ assets and debts. Such document exchange shall include, but is not limited to:
   • Complete signed and notarized Domestic Relations Affidavit (The parties shall not use the “short form” unless specifically authorized by the Court);
   • Federal and State Income Tax Returns with all attachments and schedules for the most recent tax year, including, but not limited to W-2s, 1099s, 1098s, K-1s, Schedule C, Schedule E and any other schedules filed with the IRS;
   • Copies of each payroll statement, pay stubs, pay advice (or equivalent documentation) for the past 12 months prior to the filing date from each employer from compensation was paid during the 12-month period, and the year-end pay stub (or equivalent documentation) for the calendar year that concluded prior to the filing of the action;
   • Copies of all credit card statements (whether individual or joint accounts) for the past 6 months prior to filing date;
   • Copies of all checking account statements (whether individual or joint accounts) for the past 6 months prior to filing date;
   • Proposed Parenting Plan of each parent;
   • Documentation confirming the cost and status of enrollment of employer provided medical, dental, vision and prescription insurance coverage for the party only, the party plus spouse (if applicable), and the party plus family (and/or party plus child(ren)) if offered. If any persons are covered by the policy other than the parties and their children together, the party shall disclose the first names and ages of all others covered by the policy
   • For the six (6) months prior to the filing of the petition, statements, or other proof of payment of all work-related daycare expenses paid by a party; and
   • A preliminary child support worksheet.
4. The document exchange conference is expected to be conducted without the assistance of the Court. The parties should, and are expected, to discuss, the exchange of additional documentation as may be necessary under the circumstances.
5. If this box is checked, evidence at trial will be presented using the Case Center digital evidence management platform. The platform is available for use in the discovery process. Please contact the Division administrative assistant if you wish to have a portal opened for this case for discovery purposes.
6. If the parties have not filed a final parenting plan within 90 days of the filing of the petition, or sixty days of the service of the petition upon the Respondent, whichever is later, the parties are ordered to contact the court to discuss alternative dispute resolution procedures.
7. Failure to comply with this order and/or to schedule, attend and or participate appropriately in the document exchange conference, may result in pleadings being stricken, judgment being entered as requested, the matter being dismissed and/or the Court imposing sanctions upon a party and/or counsel, including but not limited to an award of attorney’s fees and costs as justice and equity may require.
8. If there is a final or pending Petition for Protection from Abuse (K.S.A. 60-3101 et seq.), Petition for Protection from Stalking, Sexual Assault or Human Trafficking (K.S.A. 60-31a01 et seq.), or if one of the parties is then subject to a charge of, or been previously convicted of any crime specified in article 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or K.S.A. 21-5401 through 21-5609, 21-6104, 21-6325, 21-6326 or 21-6419 through 21-6422, and amendments thereto, in which the party or a child of either parent is the victim of such crime, a protected party may redact personal identifying information including but not limited to address, phone numbers, emails, account numbers, social security numbers, provided that the party maintains in his or possession an unredacted copy that can be made available for later use.

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Judge of The District Court