| TimS |
| (New) |
| 01/24/08 03:25 PM |
| 66.136.246.146 |
No Fault State
|
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.
| theanswerguy |
| (Platinum) |
| 01/25/08 01:22 AM |
| 205.188.117.143 |
Re: No Fault State
|
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 .
| TimS |
| (New) |
| 01/25/08 09:26 AM |
| 68.88.175.205 |
|
Re: No Fault State
|
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.
| theanswerguy |
| (Platinum) |
| 01/25/08 01:59 PM |
| 205.188.117.143 |
|
Re: No Fault State
|
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 .