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.
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
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.
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