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State Support Forums >> Kansas
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TimS
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Reged: 01/24/08
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No Fault State
      #173069 - 01/24/08 03:25 PM (66.136.246.146)
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My wife has filed for divorce and I am not wanting it. I have filed with my lawyer for a legal separation. Since Kansas is a No Fault state does the divorce trump the separation? What does she have to do to prove that we are incompatible? Any help would be greatly appreciated.

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theanswerguy
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Reged: 04/12/07
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Re: No Fault State [Re: TimS]
      #173209 - 01/25/08 01:22 AM (205.188.117.143)
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My wife has filed for divorce and I am not wanting it. I have filed with my lawyer for a legal separation.

>>>>>>>>>> There is no true legal separation in Kansas . There are actions for separate maintenance , but that generally entails a dependent spouse seeking financial support while not cohabitting with their spouse .

Since Kansas is a No Fault state does the divorce trump the separation?

>>>>>>>>>>>> Yes .

What does she have to do to prove that we are incompatible?

>>>>>>>>>> Nothing .

--------------------
Never let your sense of morals get in the way of doing what's right. Isaac Asimov


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TimS
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Re: No Fault State [Re: theanswerguy]
      #173270 - 01/25/08 09:26 AM (68.88.175.205)
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So what you are saying is that since she filed for the divorce it is going to be granted to her. The court can not rule against it. I was doing some reading on the laws and it said something about a 60 day cool down period. What does this mean? Is it from the time that she filed or from the time that it was served? She filed on 12/4/07 but did not serve me until 1/12/08.

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theanswerguy
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Re: No Fault State [Re: TimS]
      #173403 - 01/25/08 01:59 PM (205.188.117.143)
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So what you are saying is that since she filed for the divorce it is going to be granted to her.

>>>>>>>>>>> Yes .


The court can not rule against it.

>>>>>>>>>>> No .


I was doing some reading on the laws and it said something about a 60 day cool down period. What does this mean? Is it from the time that she filed or from the time that it was served? She filed on 12/4/07 but did not serve me until 1/12/08.

>>>>>>>>>> A divorce can't be granted until at least 60 days have passed from the date of filing . Any contested issues would take much longer than 60 days to resolve .

--------------------
Never let your sense of morals get in the way of doing what's right. Isaac Asimov


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