Session of 1998
HOUSE BILL No. 2985
By Committee on Appropriations
2-20
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AN ACT concerning civil procedure; relating to
reconciliation of a
10 marriage.
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12 Be it enacted by the Legislature of the
State of Kansas:
13 Section 1. (a) If
parties to a marriage undergoing difficulties desire
14 the assistance of the court in obtaining an
order for marriage counseling
15 but do not wish to file a cause of action
for divorce, annulment or separate
16 maintenance, either party may file a
petition for reconciliation. Such pe-
17 tition shall set forth the facts of the
marriage, the facts pertaining to minor
18 children of the marriage, the court's
jurisdiction and a request for an order
19 for marriage counseling. The court may
order the parties into marriage
20 counseling as provided by article 16 of
chapter 60 of the Kansas Statutes
21 Annotated, and amendments thereto, within a
temporary order filed with
22 the petition. Neither party, however, shall
be required to submit to mar-
23 riage counseling provided by any religious
organization of a particular
24 denomination.
25 (b) The filing of a
reconciliation action shall serve to stay the filing of
26 any action for divorce, annulment or
separate maintenance until the same
27 is dismissed or converted into a divorce,
annulment or separate mainte-
28 nance action pursuant to subsection
(c).
29 (c) If marriage
counseling proves unsuccessful in assisting the parties
30 in reconciliation, either party may then
file a motion to convert the rec-
31 onciliation into a divorce, annulment or
separate maintenance. After no-
32 tice to both parties and upon hearing the
motion, such an action will be
33 converted and the court, as part of its
order, shall issue a temporary order
34 pursuant to K.S.A. 60-1607, and amendments
thereto, setting forth the
35 parties' rights and responsibilities until
completion of the divorce, annul-
36 ment, separate maintenance, dismissal or
modification by court order.
37 (d) If either party
suffers abuse by the other party, the party suffering
38 the abuse may circumvent the reconciliation
action by seeking a divorce,
39 annulment or separate maintenance action
under the provisions set forth
40 in article 16 of chapter 60 of the Kansas
Statutes Annotated, and amend-
41 ments thereto, if that party does not wish
to participate in the reconcili-
42 ation process. The reconciliation process
shall not bar the abused party
43 from seeking any of the protections
afforded by law. However, an affidavit
HB 2985
2
1 setting forth the allegations of
abuse shall accompany the filing of an ex
2 parte action within this action as
set forth in subsection (b) of K.S.A.
3 60-1607 and amendments thereto. In
addition, an order allowing the con-
4 version to a K.S.A. 60-1608 and
amendments thereto action for divorce,
5 annulment or separate maintenance or
a K.S.A. 60-3101 and amendments
6 thereto action for protection from
abuse shall be filed within either action.
7 (e) This section
shall be part of and supplemental to article 16 of
8 chapter 60 of the Kansas Statutes
Annotated, and amendments thereto.
9 Sec. 2. This
act shall take effect and be in force from and after its
10 publication in the statute book.
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