Category Archives: Procedure

Do I have to already be physically separated from my spouse to file for divorce?

No. Kansas law does not require that married persons be physically – or legally – separated before filing for divorce. Kansas law requires that a court grant a divorce if: 1. the person requesting the divorce or the person against … Continue reading

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What is “separate maintenance?”

A “separate maintenance” action is a kind of court action filed between married persons. Many people know the action by its more common name, “legal separation.” A “separate maintenance” action does not dissolve the parties’ marriage. A “separate maintenance” action … Continue reading

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Name Change After Divorce in Kansas

We’ve recently had a lot of questions about how someone who finalized their divorce months – or years – ago can regain their “maiden” or “former” name if the final order (the “degree”) in their divorce, annulment, or separate maintenance … Continue reading

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Court cannot determine parenting issues solely on unanswered requests for admissions

The Nebraska Court of Appeals recently addressed an issue that is sometimes discussed by family law attorneys, but which rarely results in a published court decision. That question is: “what is the effect of requests for admission deemed admitted by … Continue reading

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In re Marriage of Underwood – Leben – Johnson (Unpublished – December 23, 2011)

Former husband appealed from trial court decision that it did not have jurisdiction to modify or terminate the former husband’s spousal support obligation because the parties had agreed on the amount, length, and terminating events of spousal support. The former … Continue reading

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