Chapter 23, KANSAS FAMILY LAW CODE-REVISED

23-2508. Validity of marriages contracted without state. All marriages contracted without this state, which would be valid by the laws of the country in which the same were contracted, shall be valid in all courts and places in this state. It is the strong public policy of this s…

23-2509. Forms for licenses, issuance; photocopy to applicant; computer generated licenses. Forms for license shall be furnished by the secretary of health and environment and shall be photocopied and issued with the photocopy to the applicant therefor for delivery to the person …

23-2510. Marriage license fee; authorized only by legislative enactment; disposition. (a) The judge or clerk of the district court shall collect from the applicant for a marriage license a fee of $59. (b) The clerk of the court shall remit all fees prescribed by this section to t…

23-2511. Marriage certificate; submission of information to the vital statistics integrated information system. Every person who performs a marriage ceremony under the provisions of this act shall endorse the person's certificate of the marriage on the license, give the duplicate…

23-2512. Records of marriages; indexing; certified copies or abstracts. The secretary of health and environment shall index all records received pursuant to K.S.A. 23-2511, and amendments thereto, and, upon request, shall issue a certified copy or abstract of them which in all co…

23-2513. Penalty for not complying with statutory requirements. Any judge or clerk of the district court or person authorized by law to perform the marriage ceremony in this state who shall fail to comply with any of the provisions of this act shall be deemed guilty of a misdemea…

23-2514. Copy of licenses returned kept by court personnel. The judge or clerk of the district court shall keep a correct copy of all marriage licenses returned with the endorsement on the license by the person performing the marriage ceremony. History: L. 1867, ch. 84, § 6; G.S.…

23-2515. Proof of relationship of parties; penalty for granting license to parties not entitled without examination. In all cases, before granting a marriage license the judge or clerk of the district court shall require the applicant for such license to take and subscribe to an …

23-2516. Validation of certain marriages; performance of marriage by Baha'is assembly. (a) All marriages solemnized among the society called Friends, or Quakers, in the form previously practiced and in use in their meetings shall be good and valid and shall not be construed as af…

23-2517. Solemnizing marriage; persons not authorized; penalty. It shall be unlawful for any person not a duly authorized officiating person as provided by K.S.A. 23-2504 to perform the marriage ceremony in this state. Any person violating the provisions of this act shall be deem…

23-2518. Records or copies as evidence. The books of record of marriage licenses issued, to be kept by the judges of the district court of the several counties, and copies of entries therein, certified by such judge under his or her official seal, shall be evidence in all courts.…

23-2601. Married persons; separate property; marital property. The property, real and personal, which any person in this state may own at the time of the person's marriage, and the rents, issues, profits or proceeds thereof, and any real, personal or mixed property which shall co…

23-2602. Conveyances and contracts concerning property. A married person, while the marriage relation subsists, may bargain, sell and convey his or her real and personal property and enter into any contract. History: G.S. 1868, ch. 62, § 2; R.S. 1923, 23-202; L. 1976, ch. 172, § …

23-2603. Sue and be sued. A person may, while married, sue and be sued in the same manner as if he or she were unmarried. History: G.S. 1868, ch. 62, § 3; R.S. 1923, 23-203; L. 1976, ch. 172, § 3; July 1. Source or Prior Law: 23-203. Law Review and Bar Journal References: Intersp…

23-2604. Married person may carry on trade or business; earnings. Any married person may carry on any trade or business, and perform any labor or services, on his or her sole and separate account; and the earnings of any married person from his or her trade, business, labor or se…

23-2605. Loss or impairment of services; right of action. Where, through the wrong of another, a married person shall sustain personal injuries causing the loss or impairment of his or her ability to perform services, the right of action to recover damages for such loss or impair…

23-2606. Rights of persons married out of state. Any person who shall have been married out of this state, shall, if the spouse afterward becomes a resident of this state, enjoy all the rights as to property which he or she may have acquired by the laws of any other state, territ…

23-2607. Marriage settlements or contracts. Nothing in this act contained shall invalidate any marriage settlement or contract now made or to be hereafter made. History: G.S. 1868, ch. 62, § 6; October 31; R.S. 1923, 23-207. Source or Prior Law: 23-207. Law Review and Bar Journal…

23-2608. Alienation of affections actions abolished. There shall be no right to bring an action in this state to recover damages for alienation of affections based on any act done on or after July 1, 1982. History: L. 1982, ch. 240, § 1; July 1. Source or Prior Law: 23-208.

23-2701. Grounds for divorce or separate maintenance. (a) The district court shall grant a decree of divorce or separate maintenance for any of the following grounds: (1) Incompatibility; (2) failure to perform a material marital duty or obligation; or (3) incompatibility by reas…

23-2702. Grounds for annulment. (a) The district court shall grant a decree of annulment of any marriage for either of the following grounds: (1) The marriage is void for any reason; or (2) the contract of marriage is voidable because it was induced by fraud. (b) The district cou…

23-2703. Residence. (a) State. The petitioner or respondent in an action for divorce must have been an actual resident of the state for 60 days immediately preceding the filing of the petition. (b) Military residence. Any person who has been a resident of or stationed at a United…

23-2704. Petition and summons. (a) Verification of petition. The truth of the allegations of any petition under this article must be verified by the petitioner in person or by the guardian of an incapacitated person. (b) Captions. All pleadings shall be captioned, "In the matter …

23-2705. Answer and counterclaim. The respondent may answer and may also file a counterclaim for divorce, annulment or separate maintenance. If new matter is set up in the answer, it shall be verified by the respondent in person or by the guardian of an incapacitated person. If a…

23-2706. Granting of decree mandatory; exceptions; denial of relief; orders authorized. The court shall grant a requested decree of divorce, separate maintenance or annulment unless the granting of the decree is discretionary under this act or unless the court finds that there ar…

23-2707. Interlocutory orders; permissible orders; ex parte orders; support orders; service of process. (a) Permissible orders. After the filing of a petition for divorce, annulment or separate maintenance, and during the pendency of the action until the entry of final judgment t…

23-2708. Action for divorce; time for hearing. An action for divorce shall not be heard until 60 days after the filing of the petition unless the judge enters an order declaring the existence of an emergency, stating the precise nature of the emergency, the substance of the evide…

23-2709. Pretrial conference. The court shall conduct a pretrial conference or conferences in accordance with K.S.A. 60-216, and amendments thereto, upon request of either party or on the court's own motion. Any pretrial conference shall be set on a date other than the date of tr…

23-2710. Marriage counseling; costs thereof. (a) After the filing of the answer or other responsive pleading by the respondent, the court, on its own motion or upon motion of either of the parties, may require both parties to the action to seek marriage counseling if marriage cou…

23-2711. Decree; authorized orders. (a) A decree in an action under article 27 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto, may include orders on the following matters: (1) An order changing or terminating the parties' marital status by divorce, annulme…

23-2712. Separation agreement. (a) If the parties have entered into a separation agreement which the court finds to be valid, just and equitable, the agreement shall be incorporated in the decree. A separation agreement may include provisions relating to a parenting plan. The pro…

23-2713. Effective date as to remarriage; effect of a decree in another state. (a) Any marriage contracted by a party, within or outside this state, with any other person before a judgment of divorce becomes final shall be voidable until the decree of divorce becomes final. An ag…

23-2714. Evidence. (a) Admissions. Upon the trial of the action, the court may admit proof of the admissions of the parties to be received in evidence, excluding such as shall appear to have been obtained by connivance, fraud, coercion, or other improper means. (b) Marriage. Test…

23-2715. Costs and attorney fees. Costs and attorney fees may be awarded to either party as justice and equity require. The court may order that the amount be paid directly to the attorney, who may enforce the order in the attorney's name in the same case. History: L. 2011, ch. 2…

23-2716. Restoration or other change of name. (a) Upon the request of a spouse, the court shall order the restoration of that spouse's former name. The court shall have jurisdiction to restore the spouse's former name at or after the time the decree of divorce becomes final. (b) …

23-2717. Obligation to comply with orders not suspended by other party's failure to comply. If a party fails to comply with a provision of a decree, temporary order or injunction issued under articles 27 through 38 of chapter 23 of the Kansas Statutes Annotated, and amendments th…

23-2718. Interspousal tort. (a) An action for interspousal tort shall not be consolidated with an action under K.S.A. 23-2701 through 23-2718, 23-2802, 23-2901 through 23-2905, 23-3001 through 23-3006, 23-3119, 23-3120, 23-3201 through 23-3222, 23-3301, 23-3402, 23-3403, 23-3510 …

23-2801. Marital property. (a) All property owned by married persons, including the present value of any vested or unvested military retirement pay, or, for divorce or separate maintenance actions commenced on or after July 1, 1998, professional goodwill to the extent that it is …

23-2802. Division of property. (a) A decree under K.S.A. 23-2711, and amendments thereto, shall divide the real and personal property of the parties, including any retirement and pension plans, whether owned by either spouse prior to marriage, acquired by either spouse in the spo…

23-2901. Interpretation of terms. For purposes of interpretation, the terms "alimony" and "maintenance" are synonymous. History: L. 1982, ch. 152, § 17; L. 1983, ch. 199, § 4; July 1. Source or Prior Law: 60-1618. Law Review and Bar Journal References: "Bankruptcy and Divorce in …

23-2902. Maintenance. (a) A decree under K.S.A. 23-2711, and amendments thereto, may award to either party an allowance for future support denominated as maintenance, in an amount the court finds to be fair, just and equitable under all of the circumstances. (b) Maintenance may b…

23-2903. Modification of amounts of maintenance. At any time, on a hearing with reasonable notice to the party affected, the court may modify the amounts or other conditions for the payment of any portion of the maintenance originally awarded that has not already become due, but …

23-2904. Modification retroactive; reinstatement. The court may make a modification of maintenance retroactive to a date at least one month after the date that the motion to modify was filed with the court. In any event, the court may not award maintenance for a period of time in…

23-2905. Method of payment of maintenance. (a) Except for good cause shown, every order requiring payment of maintenance under this article shall require that the maintenance be paid through the central unit for collection and disbursement of support payments designated pursuant …

23-3001. Minor children; support and education; definition of unborn child. (a) In any action under article 27 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto, the court shall make provisions for the support and education of the minor children. (b) Regardle…

23-3002. Determination of amount of child support. (a) In determining the amount to be paid for child support, the court shall: (1) Follow the Kansas child support guidelines adopted by the supreme court pursuant to K.S.A. 20-165, and amendments thereto; and (2) take into conside…

23-3003. Child health insurance coverage. The court may order that each parent execute any and all documents, including any releases, necessary so that both parents may obtain information from and to communicate with any health insurance provider regarding the health insurance co…

23-3004. Child support payments paid through the central unit for collection and disbursement of support payments; exception for good cause shown. Except for good cause shown, every order requiring payment of child support under this article shall require that the support be paid…

23-3005. Modification of child support. (a) Subject to the provisions of K.S.A. 23-36,207, and amendments thereto, the court may modify any prior child support order, including any order issued in a title IV-D case, within three years of the date of the original order or a modifi…

23-3006. Abatement of child support. If the divorce decree of the parties provides for an abatement of child support during any period provided in such decree, the child support such nonresidential parent owes for such period shall abate during such period of time, except that if…