Session of 2000
SENATE BILL No. 420
By Committee on Judiciary
1-18
10 AN ACT
concerning civil procedure; relating to divorce or separate
11 maintenance actions
and interspousal tort actions.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. (a) An action for interspousal tort shall not be
consolidated
15 with an action under K.S.A. 60-1601, et
seq., and amendments thereto,
16 unless the parties agree to consolidation
and consolidation is approved by
17 the court.
18 (b) A decree of
divorce or separate maintenance granted under sub-
19 sections (a)(1) or (3) of K.S.A. 60-1601,
and amendments thereto, shall
20 not preclude an action for interspousal
tort.
21 (c) A decree of
divorce or separate maintenance granted under sub-
22 section (a)(2) of K.S.A. 60-1601, and
amendments thereto, shall preclude
23 an action for interspousal tort based upon
the same factual allegations.
24 An action for interspousal tort which has
been finally determined shall
25 preclude an action under subsection (a)(2)
of K.S.A. 60-1601, and amend-
26 ments thereto, based upon the same factual
allegations.
27 Sec. 2. This act shall
take effect and be in force from and after its
28 publication in the statute book.