reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 22 - Parentage Act › 23-2225 Change in child's residence; notice; effect; exception.

23-2225. Change in child's residence; notice; effect; exception.
(a) Except as provided in subsection (d), a parent granted rights pursuant to K.S.A. 23-2215(d), and amendments thereto, shall give written notice to the other parent who has been granted rights pursuant to K.S.A. 23-2215(d), and amendments thereto, not less than 30 days prior to:
(1) Changing the residence of the child; or
(2) removing the child from this state for a period of time exceeding 90 days. Such notice shall be sent by restricted mail, return receipt requested, to the last known address of the other parent.
(b) Failure to give notice as required by subsection (a) is an indirect civil contempt punishable as provided by law. In addition, the court may assess, against the parent required to give notice, reasonable attorney fees and any other expenses incurred by the other parent by reason of the failure to give notice.
(c) A change of the residence or the removal of a child from this state as described in subsection (a) may be considered a material change of circumstances which justifies modification of a prior order of child support, custody or parenting time. In determining any such motion, the court shall consider all factors the court deems appropriate including, but not limited to:
(1) The effect of the move on the best interests of the child;
(2) the effect of the move on any party having rights granted pursuant to K.S.A. 23-2215(d), and amendments thereto; and
(3) the increased cost the move will impose on any party seeking to exercise rights granted under K.S.A. 23-2215(d), and amendments thereto.
(d) A parent who has been granted rights pursuant to K.S.A. 23-2215(d), and amendments thereto, shall not be required to give the notice required by this section to the other parent when the other parent has been convicted of any crime specified in article 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-6325, 21-6326 or 21-6418 through 21-6422, and amendments thereto, in which the child is the victim of such crime.
(e) This section shall be part of and supplemental to the Kansas parentage act.
History:
L. 1998, ch. 139, § 11; L. 2000, ch. 171, § 11; L. 2011, ch. 30, § 154; L. 2015, ch. 94, § 10; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 23 - Assisted Conception, Reproductive Technology › 23-2301 Artificial insemination; performance; consent.

23-2301.
Artificial insemination; performance; consent.
The technique of heterologous artificial insemination may be performed in this state at the request and with the consent in writing of the husband and wife desiring the utilization of such technique for the purpose of conceiving a child or children.
History:
L. 1968, ch. 272, § 1; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 23 - Assisted Conception, Reproductive Technology › 23-2302 Same; child is natural child at law.

23-2302.
Same; child is natural child at law.
Any child or children heretofore or hereafter born as the result of heterologous artificial insemination shall be considered at law in all respects the same as a naturally conceived child of the husband and wife so requesting and consenting to the use of such technique.
History:
L. 1968, ch. 272, § 2; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 23 - Assisted Conception, Reproductive Technology › 23-2303 Artificial insemination; consent executed and filed; file not open to public.

23-2303.
Artificial insemination; consent executed and filed; file not open to public.
The consent provided for in this act shall be executed and acknowledged by both the husband and wife and the person who is to perform the technique, and an original thereof may be filed under the same rules as adoption papers in the district court of the county in which such husband and wife reside. The written consent so filed shall not be open to the general public, and the information contained therein may be released only to the persons executing such consent, or to persons having a legitimate interest therein as evidenced by a specific court order.
History: L. 1968, ch. 272, § 3; L. 1976, ch. 145, § 129; January 10, 1977.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 24 - Premarital Agreements › 23-2402 Definitions.

23-2402.
Definitions.
As used in this act:
(a) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage; and
(b) "property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
History:
L. 1988, ch. 204, § 2; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 24 - Premarital Agreements › 23-2403 Premarital agreement; writing required.

23-2403.
Premarital agreement; writing required.
A premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration.
History:
L. 1988, ch. 204, § 3; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 24 - Premarital Agreements › 23-2404 Same; areas with respect to which parties may contract; right of child to support not to be adversely affected.

23-2404.
Same; areas with respect to which parties may contract; right of child to support not to be adversely affected.
(a) Parties to a premarital agreement may contract with respect to all of the following:
(1) The rights and obligations of each of the parties in any of the property of either, or both, whenever and wherever acquired or located;
(2) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of or otherwise manage and control property;
(3) the disposition of property upon separation, marital dissolution, death or the occurrence or nonoccurrence of any other event;
(4) the modification or elimination of spousal support;
(5) the making of a will, trust or other arrangement to carry out the provisions of the agreement;
(6) the ownership rights in and disposition of the death benefit from a life insurance policy;
(7) the choice of law governing the construction of the agreement; and
(8) any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
(b) The right of a child to support may not be adversely affected by a premarital agreement.
History:
L. 1988, ch. 204, § 4; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 24 - Premarital Agreements › 23-2406 Same; amendment or revocation after marriage.

23-2406.
Same; amendment or revocation after marriage.
After marriage, a premarital agreement may be amended or revoked only by a written agreement, signed by the parties. The amended agreement or the revocation is enforceable without consideration.
History:
L. 1988, ch. 204, § 6; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 24 - Premarital Agreements › 23-2407 Same; enforceability.

23-2407.
Same; enforceability.
(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following:
(1) That party did not execute the agreement voluntarily; or
(2) the agreement was unconscionable when such agreement was executed and, before execution of the agreement, all of the following applied to that party:
(A) Such party was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(B) such party did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(C) such party did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(b) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
(c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
History:
L. 1988, ch. 204, § 7; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 24 - Premarital Agreements › 23-2408 Same; effect when marriage determined to be void.

23-2408.
Same; effect when marriage determined to be void.
If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
History:
L. 1988, ch. 204, § 8; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 24 - Premarital Agreements › 23-2409 Same; statute of limitations tolled during marriage; equitable defenses available.

23-2409.
Same; statute of limitations tolled during marriage; equitable defenses available.
Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
History:
L. 1988, ch. 204, § 9; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 24 - Premarital Agreements › 23-2410 Uniformity of act.

23-2410.
Uniformity of act.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting such act.
History:
L. 1988, ch. 204, § 10; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 25 - Marriage › 23-2501 Nature of marriage relation.

23-2501. Nature of marriage relation.
The marriage contract is to be considered in law as a civil contract between two parties who are of opposite sex. All other marriages are declared to be contrary to the public policy of this state and are void. The consent of the parties is essential. The marriage ceremony may be regarded either as a civil ceremony or as a religious sacrament, but the marriage relation shall only be entered into, maintained or abrogated as provided by law.
History:
L. 2011, ch. 26, § 1; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 25 - Marriage › 23-2503 Incestuous marriages void.

23-2503.
Incestuous marriages void.
All marriages between parents and children, including grandparents and grandchildren of any degree, between brothers and sisters of the one half as well as the whole blood, and between uncles and nieces, aunts and nephews, and first cousins, are declared to be incestuous and absolutely void.
History:
L. 1867, ch. 84, § 2; G.S. 1868, ch. 61, § 2; R.S. 1923, 23-102; L. 1985, ch. 114, § 21; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 25 - Marriage › 23-2504 Solemnizing marriage; persons authorized to officiate.

23-2504.
Solemnizing marriage; persons authorized to officiate.
(a) Marriage may be validly solemnized and contracted in this state, after a license has been issued for the marriage, in the following manner: By the mutual declarations of the two parties to be joined in marriage, made before an authorized officiating person and in the presence of at least two competent witnesses over 18 years of age, other than the officiating person, that they take each other as husband and wife.
(b) The following are authorized to be officiating persons:
(1) Any currently ordained clergyman or religious authority of any religious denomination or society;
(2) any licentiate of a denominational body or an appointee of any bishop serving as the regular clergyman of any church of the denomination to which the licentiate or appointee belongs, if not restrained from so doing by the discipline of that church or denomination;
(3) any judge or justice of a court of record;
(4) any municipal judge of a city of this state; and
(5) any retired judge or justice of a court of record.
(c) The two parties themselves, by mutual declarations that they take each other as husband and wife, in accordance with the customs, rules and regulations of any religious society, denomination or sect to which either of the parties belong, may be married without an authorized officiating person.
History:
L. 1968, ch. 207, § 1; L. 1973, ch. 134, § 26; L. 1984, ch. 134, § 1; L. 1996, ch. 194, § 2; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 25 - Marriage › 23-2506 Designation of new legal name, procedure; certified copy of marriage license and certificate of marriage proof of identity.

23-2506.
Designation of new legal name, procedure; certified copy of marriage license and certificate of marriage proof of identity.
(a) At the time of marriage, a person may designate a new legal name, by which such person shall subsequently be known. Such name may include a combination of the person's prior existing name and the prior existing name of such person's spouse, or derivative versions thereof.
(b) A person's name, as designated pursuant to subsection (a), shall be recorded on the marriage license issued to such person, along with such person's name at the time of the person's application for such license, which shall be described thereon as the person's former name.
(c) The change to the person's new legal name shall be effective upon the endorsement of the person's marriage license with the certificate of marriage of the person who performed the marriage ceremony pursuant to K.S.A. 23-2511, and amendments thereto.
(d) A certified copy of a person's marriage license endorsed with a certificate of marriage pursuant to K.S.A. 23-2511, and amendments thereto, shall constitute proof of identity for the purposes of issuance of any Kansas driver's license or nondriver's identification card.
History: L. 2007, ch. 162, § 1; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 25 - Marriage › 23-2507 Registration.

23-2507.
Registration.
All marriages occurring within the state shall be registered under the supervision of the secretary of health and environment as provided in K.S.A. 65-102.
History:
L. 1913, ch. 224, § 1; R.S. 1923, 23-105; L. 1980, ch. 106, § 2; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 25 - Marriage › 23-2508 Validity of marriages contracted without state.

23-2508.
Validity of marriages contracted without state.
All marriages contracted without this state, which would be valid by the laws of the country in which the same were contracted, shall be valid in all courts and places in this state. It is the strong public policy of this state only to recognize as valid marriages from other states that are between a man and a woman.
History:
L. 1867, ch. 84, § 9; G.S. 1868, ch. 61, § 9; R.S. 1923, 23-115; L. 1996, ch. 142, § 3; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 25 - Marriage › 23-2509 Forms for licenses, issuance; photocopy to applicant; computer generated licenses.

23-2509.
Forms for licenses, issuance; photocopy to applicant; computer generated licenses.
Forms for license shall be furnished by the secretary of health and environment and shall be photocopied and issued with the photocopy to the applicant therefor for delivery to the person who performs the marriage ceremony after the judge or clerk or the district court has recorded the required personal information as provided by K.S.A. 23-2505, and amendments thereto, for the original marriage license being issued. Such photocopy shall clearly be marked as "DUPLICATE." The secretary may approve the use of an automated system whereby the marriage license form is computer generated. In such instances, the court shall comply with prescribed specifications as set out by the secretary to ensure uniformity across the state.
History: L. 1913, ch. 224, § 3; R.S. 1923, 23-107; L. 1976, ch. 145, § 117; L. 1977, ch. 109, § 19; L. 1980, ch. 106, § 3; L. 1987, ch. 119, § 2; L. 1990, ch. 116, § 1; L. 1995, ch. 178, § 1; April 27.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 25 - Marriage › 23-2510 Marriage license fee; authorized only by legislative enactment; disposition.

23-2510. Marriage license fee; authorized only by legislative enactment; disposition.
(a) The judge or clerk of the district court shall collect from the applicant for a marriage license a fee of $59.
(b) The clerk of the court shall remit all fees prescribed by this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Of each remittance, the state treasurer shall credit 38.98% to the protection from abuse fund, 15.19% to the family and children trust account of the family and children investment fund created by K.S.A. 38-1808, and amendments thereto, 16.95% to the crime victims assistance fund created by K.S.A. 74-7334, and amendments thereto, and the remainder to the state general fund.
(c) Except as provided further, the marriage license fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for a marriage license. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose an additional charge, not to exceed $26.50 per marriage license fee, to fund the costs of non-judicial personnel.
History:
L. 1984, ch. 136, § 1; L. 1989, ch. 239, § 5; L. 1992, ch. 313, § 10; L. 1996, ch. 188, § 3; L. 2001, ch. 5, § 85; L. 2006, ch. 215, § 5; L. 2008, ch. 95, § 6; L. 2009, ch. 116, § 13; L. 2010, ch. 62, § 5; L. 2011, ch. 87, § 5; L. 2012, ch. 66, § 5; L. 2013, ch. 125, § 5; L. 2015, ch. 81, § 11; L. 2017, ch. 80, § 7; L. 2019, ch. 58, § 8; L. 2022, ch. 34, § 4; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 25 - Marriage › 23-2511 Marriage certificate; submission of information to the vital statistics integrated information system.

23-2511. Marriage certificate; submission of information to the vital statistics integrated information system.
Every person who performs a marriage ceremony under the provisions of this act shall endorse the person's certificate of the marriage on the license, give the duplicate copy of the license to the parties to the marriage and return the license, within 10 days after the marriage, to the judge or clerk of the district court who issued it. Not later than the third day of the following month, the judge or clerk shall submit the information from the license to the vital statistics integrated information system maintained by the secretary of health and environment, or by other means as designated by the secretary and the judicial administrator.
History:
L. 1913, ch. 224, § 5; L. 1917, ch. 236, § 1; R.S. 1923, 23-109; L. 1925, ch. 201, § 2; L. 1968, ch. 207, § 5; L. 1976, ch. 170, § 2; L. 1976, ch. 151, § 5; L. 1977, ch. 109, § 21; L. 1980, ch. 106, § 6; L. 1984, ch. 147, § 7; L. 1984, ch. 135, § 1; L. 2018, ch. 79, § 2; May 17.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 25 - Marriage › 23-2512 Records of marriages; indexing; certified copies or abstracts.

23-2512.
Records of marriages; indexing; certified copies or abstracts.
The secretary of health and environment shall index all records received pursuant to K.S.A. 23-2511, and amendments thereto, and, upon request, shall issue a certified copy or abstract of them which in all courts and for all purposes shall be prima facie evidence of the facts stated in them. For each certified copy or abstract a fee shall be paid to the secretary in an amount prescribed in accordance with, and disposed of in the manner provided by, K.S.A. 65-2418, and amendments thereto.
History:
L. 1913, ch. 224, § 6; R.S. 1923, 23-110; L. 1956, ch. 52, § 7; L. 1957, ch. 431, § 6; L. 1963, ch. 398, § 9; L. 1967, ch. 203, § 1; L. 1973, ch. 309, § 13; L. 1975, ch. 462, § 29; L. 1976, ch. 145, § 121; L. 1978, ch. 347, § 5; L. 1980, ch. 106, § 7; L. 1983, ch. 286, § 16; L. 1984, ch. 147, § 8; L. 1984, ch. 135, § 2; L. 2002, ch. 160, § 1; May 23.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 25 - Marriage › 23-2513 Penalty for not complying with statutory requirements.

23-2513.
Penalty for not complying with statutory requirements.
Any judge or clerk of the district court or person authorized by law to perform the marriage ceremony in this state who shall fail to comply with any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one hundred dollars, and the county or district attorney of any county when presented with a statement of facts and circumstances shall forthwith initiate and promptly follow up the necessary court proceedings against the parties responsible for the alleged violation of the law.
History:
L. 1913, ch. 224, § 8; R.S. 1923, 23-111; L. 1976, ch. 145, § 122; L. 1977, ch. 109, § 22; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 25 - Marriage › 23-2514 Copy of licenses returned kept by court personnel.

23-2514.
Copy of licenses returned kept by court personnel.
The judge or clerk of the district court shall keep a correct copy of all marriage licenses returned with the endorsement on the license by the person performing the marriage ceremony.
History: L. 1867, ch. 84, § 6; G.S. 1868, ch. 61, § 6; R.S. 1923, 23-112; L. 1976, ch. 145, § 123; L. 1977, ch. 109, § 23; L. 1990, ch. 116, § 2; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 25 - Marriage › 23-2515 Proof of relationship of parties; penalty for granting license to parties not entitled without examination.

23-2515.
Proof of relationship of parties; penalty for granting license to parties not entitled without examination.
In all cases, before granting a marriage license the judge or clerk of the district court shall require the applicant for such license to take and subscribe to an oath to the effect that none of the reasons set forth in K.S.A. 23-2503 exist why such applicant should not be granted a marriage license; and the judge or clerk may in his or her discretion examine witnesses under oath concerning the matters referred to in K.S.A. 23-2503, as applied to the applicant for such marriage license, and for the purpose of this act shall have power to administer oaths. If the judge or clerk fails to examine such applicant for license as provided in this section, he or she shall be liable to fine for granting license to parties not legally entitled thereto, in any sum not exceeding one thousand dollars ($1,000), to be recovered by indictment or information, with cost.
History:
L. 1867, ch. 84, § 8; G.S. 1868, ch. 61, § 8; L. 1886, ch. 124, § 1; R.S. 1923, 23-114; L. 1976, ch. 145, § 125; L. 1977, ch. 109, § 25; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 25 - Marriage › 23-2516 Validation of certain marriages; performance of marriage by Baha'is assembly.

23-2516.
Validation of certain marriages; performance of marriage by Baha'is assembly.
(a) All marriages solemnized among the society called Friends, or Quakers, in the form previously practiced and in use in their meetings shall be good and valid and shall not be construed as affected by any of the foregoing provisions of this act. All marriages previously solemnized in this state by that society, in accordance with its forms and usage, are hereby declared legal and valid.
(b) A local spiritual assembly of the Baha'is or representative members of that assembly, according to the usage of their religious community, as defined in the declaration of trust and bylaws of the national spiritual assembly of the Baha'is of the United States and bylaws of a local spiritual assembly may perform and witness the marriage ceremony in this state and certify on the back of the license the facts of the marriage and its date.
(c) Any marriage ceremony performed prior to the effective date of this act and certified by any person who had been issued a certificate of election as justice of the peace and the resulting marriage are hereby declared legal and valid.
History: L. 1867, ch. 844, § 10; G.S. 1868, ch. 61, § 10; L. 1870, ch. 75, § 1; R.S. 1923, 23-116; L. 1945, ch. 196, § 1; L. 1961, ch. 191, § 1; L. 1967, ch. 204, § 1; L. 1971, ch. 122, § 1; L. 1973, ch. 134, § 27; L. 1984, ch. 134, § 2; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 25 - Marriage › 23-2517 Solemnizing marriage; persons not authorized; penalty.

23-2517.
Solemnizing marriage; persons not authorized; penalty.
It shall be unlawful for any person not a duly authorized officiating person as provided by K.S.A. 23-2504 to perform the marriage ceremony in this state. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one hundred dollars ($100) or by imprisonment in the county jail for not more than six (6) months or by both such fine and imprisonment.
History: L. 1945, ch. 196, § 2; L. 1968, ch. 207, § 6; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 25 - Marriage › 23-2518 Records or copies as evidence.

23-2518.
Records or copies as evidence.
The books of record of marriage licenses issued, to be kept by the judges of the district court of the several counties, and copies of entries therein, certified by such judge under his or her official seal, shall be evidence in all courts.
History: L. 1867, ch. 84, § 11; G.S. 1868, ch. 61, § 11; R.S. 1923, 23-117; L. 1976, ch. 145, § 126; January 10, 1977.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 26 - Marital Property Rights › 23-2601 Married persons; separate property; marital property.

23-2601. Married persons; separate property; marital property.
The property, real and personal, which any person in this state may own at the time of the person's marriage, and the rents, issues, profits or proceeds thereof, and any real, personal or mixed property which shall come to a person by descent, devise or bequest, and the rents, issues, profits or proceeds thereof, or by gift from any person, shall remain the person's sole and separate property, notwithstanding the marriage, and not be subject to the disposal of the person's spouse or liable for the spouse's debts, except as provided in K.S.A. 33-101 et seq. and 33-201 et seq., and amendments thereto.
History:
L. 2011, ch. 26, § 3; L. 2013, ch. 124, § 1; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 26 - Marital Property Rights › 23-2602 Conveyances and contracts concerning property.

23-2602.
Conveyances and contracts concerning property.
A married person, while the marriage relation subsists, may bargain, sell and convey his or her real and personal property and enter into any contract.
History:
G.S. 1868, ch. 62, § 2; R.S. 1923, 23-202; L. 1976, ch. 172, § 2; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 26 - Marital Property Rights › 23-2603 Sue and be sued.

23-2603.
Sue and be sued.
A person may, while married, sue and be sued in the same manner as if he or she were unmarried.
History:
G.S. 1868, ch. 62, § 3; R.S. 1923, 23-203; L. 1976, ch. 172, § 3; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 26 - Marital Property Rights › 23-2604 Married person may carry on trade or business; earnings.

23-2604.
Married person may carry on trade or business; earnings.
Any married person may carry on any trade or business, and perform any labor or services, on his or her sole and separate account; and the earnings of any married person from his or her trade, business, labor or services shall be his or her sole and separate property, and may be used and invested by him or her in his or her own name.
History:
G.S. 1868, ch. 62, § 4; R.S. 1923, 23-204; L. 1976, ch. 172, § 4; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 26 - Marital Property Rights › 23-2605 Loss or impairment of services; right of action.

23-2605.
Loss or impairment of services; right of action.
Where, through the wrong of another, a married person shall sustain personal injuries causing the loss or impairment of his or her ability to perform services, the right of action to recover damages for such loss or impairment shall vest solely in such person, and any recovery therefor, so far as it is based upon the loss or impairment of his or her ability to perform services in the household and in the discharge of his or her domestic duties, shall be for the benefit of such person's spouse so far as he or she shall be entitled thereto. Nothing herein shall in any way affect the right of the spouse to recover damages for the wrongful death of his or her spouse.
History:
L. 1921, ch. 177, § 1; R.S. 1923, 23-205; L. 1976, ch. 172, § 5; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 26 - Marital Property Rights › 23-2606 Rights of persons married out of state.

23-2606.
Rights of persons married out of state.
Any person who shall have been married out of this state, shall, if the spouse afterward becomes a resident of this state, enjoy all the rights as to property which he or she may have acquired by the laws of any other state, territory or country, or which he or she may have acquired by virture of any marriage contract or settlement made out of this state.
History:
G.S. 1868, ch. 62, § 5; R.S. 1923, 22-206; L. 1976, ch. 172, § 6; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 26 - Marital Property Rights › 23-2607 Marriage settlements or contracts.

23-2607.
Marriage settlements or contracts.
Nothing in this act contained shall invalidate any marriage settlement or contract now made or to be hereafter made.
History: G.S. 1868, ch. 62, § 6; October 31; R.S. 1923, 23-207.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 26 - Marital Property Rights › 23-2608 Alienation of affections actions abolished.

23-2608.
Alienation of affections actions abolished.
There shall be no right to bring an action in this state to recover damages for alienation of affections based on any act done on or after July 1, 1982.
History:
L. 1982, ch. 240, § 1; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 27 - Dissolution Of Marriage › 23-2701 Grounds for divorce or separate maintenance.

23-2701.
Grounds for divorce or separate maintenance.
(a) The district court shall grant a decree of divorce or separate maintenance for any of the following grounds: (1) Incompatibility; (2) failure to perform a material marital duty or obligation; or (3) incompatibility by reason of mental illness or mental incapacity of one or both spouses.
(b) The ground of incompatibility by reason of mental illness or mental incapacity of one or both spouses shall require a finding of either: (1) Confinement of the spouse in an institution by reason of mental illness for a period of two years, which confinement need not be continuous; or (2) an adjudication of mental illness or mental incapacity of the spouse by a court of competent jurisdiction while the spouse is confined in an institution by reason of mental illness. In either case, there must be a finding by at least two of three physicians, appointed by the court before which the action is pending, that the mentally ill or mentally incapacitated spouse has a poor prognosis for recovery from the mental illness or mental incapacity, based upon general knowledge available at the time. A decree granted on the ground of incompatibility by reason of mental illness or mental incapacity of one or both spouses shall not relieve a party from contributing to the support and maintenance of the mentally ill or mentally incapacitated spouse. If both spouses are confined to institutions because of mental illness or mental incapacity, the guardian of either spouse may file a petition for divorce and the court may grant the divorce on the ground of incompatibility by reason of mental illness or mental incapacity.
History: L. 1963, ch. 303, 60-1601; L. 1965, ch. 354, § 14; L. 1967, ch. 327, § 1; L. 1969, ch. 286, § 1; L. 1982, ch. 152, § 1; January 1, 1983.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 27 - Dissolution Of Marriage › 23-2702 Grounds for annulment.

23-2702.
Grounds for annulment.
(a) The district court shall grant a decree of annulment of any marriage for either of the following grounds: (1) The marriage is void for any reason; or (2) the contract of marriage is voidable because it was induced by fraud.
(b) The district court may grant a decree of annulment of any marriage if the contract of marriage was induced by mistake of fact, lack of knowledge of a material fact or any other reason justifying recission of a contract of marriage.
History: L. 1963, ch. 303, 60-1602; L. 1982, ch. 152, § 2; January 1, 1983.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 27 - Dissolution Of Marriage › 23-2703 Residence.

23-2703.
Residence.
(a) State. The petitioner or respondent in an action for divorce must have been an actual resident of the state for 60 days immediately preceding the filing of the petition.
(b) Military residence. Any person who has been a resident of or stationed at a United States post or military reservation within the state for 60 days immediately preceding the filing of the petition may file an action for divorce in any county adjacent to the post or reservation.
(c) Residence of spouse. For the purposes of this article, a spouse may have a residence in this state separate and apart from the residence of the other spouse.
History: L. 1963, ch. 303, 60-1603; L. 1969, ch. 287, § 1; L. 1974, ch. 241, § 1; L. 1982, ch. 152, § 3; January 1, 1983.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 27 - Dissolution Of Marriage › 23-2704 Petition and summons.

23-2704. Petition and summons.
(a) Verification of petition. The truth of the allegations of any petition under this article must be verified by the petitioner in person or by the guardian of an incapacitated person.
(b) Captions. All pleadings shall be captioned, "In the matter of the marriage of _________ and __________." In the caption, the name of the petitioner shall appear first and the name of the respondent shall appear second, but the respective parties shall not be designated as such.
(c) Contents of petition. The grounds for divorce, annulment or separate maintenance shall be alleged as nearly as possible in the general language of the statute, without detailed statement of facts. If there are minor children of the marriage, the petition shall state their names and dates of birth and shall contain, or be accompanied by an affidavit which contains, the information required by K.S.A. 23-37,209, and amendments thereto.
(d) Bill of particulars. The opposing party may demand a statement of the facts which shall be furnished in the form of a bill of particulars. The facts stated in the bill of particulars shall be the specific facts upon which the action shall be tried. If interrogatories have been served on or a deposition taken of the party from whom the bill of particulars is demanded, the court in its discretion may refuse to grant the demand for a bill of particulars. A copy of the bill of particulars shall be delivered to the judge. The bill of particulars shall not be filed with the clerk of the court or become a part of the record except on appeal, and then only when the issue to be reviewed relates to the facts stated in the bill of particulars. The bill of particulars shall be destroyed by the district judge unless an appeal is taken, in which case the bill of particulars shall be destroyed upon receipt of the final order from the appellate court.
(e) Service of process. Service of process shall be made in the manner provided in article 3 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1963, ch. 303, 60-1604; L. 1967, ch. 328, § 1; L. 1977, ch. 204, § 1; L. 1978, ch. 231, § 28; L. 1982, ch. 152, § 4; L. 1986, ch. 115, § 92; L. 2000, ch. 171, § 78; L. 2012, ch. 162, § 36; L. 2013, ch. 124, § 2; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 27 - Dissolution Of Marriage › 23-2705 Answer and counterclaim.

23-2705.
Answer and counterclaim.
The respondent may answer and may also file a counterclaim for divorce, annulment or separate maintenance. If new matter is set up in the answer, it shall be verified by the respondent in person or by the guardian of an incapacitated person. If a counterclaim is filed, it shall be subject to the provisions of subsections (a), (b) and (c) of K.S.A. 23-2704, and amendments thereto. When there are minor children of the marriage, the answer shall contain, or be accompanied by an affidavit which contains, the information required by K.S.A. 23-37,209, and amendments thereto.
History:
L. 1963, ch. 303, 60-1605; L. 1965, ch. 365, § 1; L. 1978, ch. 231, § 29; L. 1982, ch. 152, § 5; L. 2000, ch. 171, § 79; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 27 - Dissolution Of Marriage › 23-2706 Granting of decree mandatory; exceptions; denial of relief; orders authorized.

23-2706. Granting of decree mandatory; exceptions; denial of relief; orders authorized.
The court shall grant a requested decree of divorce, separate maintenance or annulment unless the granting of the decree is discretionary under this act or unless the court finds that there are no grounds for the requested alteration of marital status. If a decree of divorce, separate maintenance or annulment is denied for lack of grounds, the court shall nevertheless, if application is made by one of the parties, make the orders authorized by articles 28, 29, 30 and 32 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1963, ch. 303, 60-1606; L. 1975, ch. 303, § 1; L. 1982, ch. 152, § 6; L. 2011, ch. 26, § 42; L. 2012, ch. 162, § 37; May 31.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 27 - Dissolution Of Marriage › 23-2708 Action for divorce; time for hearing.

23-2708. Action for divorce; time for hearing.
An action for divorce shall not be heard until 60 days after the filing of the petition unless the judge enters an order declaring the existence of an emergency, stating the precise nature of the emergency, the substance of the evidence material to the emergency and the names of the witnesses who gave the evidence. A request for an order declaring the existence of an emergency may be contained in a pleading or made by motion. Unless otherwise agreed by the parties, a request for the declaration of an emergency shall not be heard prior to the expiration of the time permitted for the filing of an answer. Unless waived, notice of the hearing requesting the declaration of an emergency shall be given to all parties not in default not less than seven days prior to the date of the hearing. Upon a finding that an emergency exists, the divorce and all issues pertaining thereto may be heard immediately.
History:
L. 2011, ch. 26, § 4; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 27 - Dissolution Of Marriage › 23-2709 Pretrial conference.

23-2709. Pretrial conference.
The court shall conduct a pretrial conference or conferences in accordance with K.S.A. 60-216, and amendments thereto, upon request of either party or on the court's own motion. Any pretrial conference shall be set on a date other than the date of trial and the parties shall be present or available within the courthouse.
History:
L. 2011, ch. 26, § 5; L. 2012, ch. 162, § 38; May 31.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 27 - Dissolution Of Marriage › 23-2710 Marriage counseling; costs thereof.

23-2710. Marriage counseling; costs thereof.
(a) After the filing of the answer or other responsive pleading by the respondent, the court, on its own motion or upon motion of either of the parties, may require both parties to the action to seek marriage counseling if marriage counseling services are available within the judicial district of venue of the action. Neither party shall be required to submit to marriage counseling provided by any religious organization of any particular denomination.
(b) The cost of any counseling authorized by this section may be assessed as costs in the case.
History:
L. 2011, ch. 26, § 6; L. 2012, ch. 162, § 39; May 31.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 27 - Dissolution Of Marriage › 23-2711 Decree; authorized orders.

23-2711. Decree; authorized orders.
(a) A decree in an action under article 27 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto, may include orders on the following matters:
(1) An order changing or terminating the parties' marital status by divorce, annulment or separate maintenance;
(2) an order making an equitable division of the parties' property as authorized by article 28 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto;
(3) an order regarding spousal support as authorized by article 29 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto;
(4) an order for child support as authorized by article 30 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto;
(5) an order allocating parental decision-making and entering a parenting plan as authorized by article 32 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto;
(6) an order changing one or both parties' names as authorized by K.S.A. 23-2716, and amendments thereto; and
(7) an order awarding costs and attorneys fees to either party under K.S.A. 23-2715, and amendments thereto.
(b) The provisions of this section shall be construed and applied retroactively.
History:
L. 2012, ch. 162, § 24; May 31.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 27 - Dissolution Of Marriage › 23-2712 Separation agreement.

23-2712. Separation agreement.
(a) If the parties have entered into a separation agreement which the court finds to be valid, just and equitable, the agreement shall be incorporated in the decree. A separation agreement may include provisions relating to a parenting plan. The provisions of the agreement on all matters settled by it shall be confirmed in the decree except that any provisions relating to the legal custody, residency, visitation parenting time, support or education of the minor children shall be subject to the control of the court in accordance with all other provisions of this article.
(b) Matters settled by an agreement incorporated in the decree, other than matters pertaining to the legal custody, residency, visitation, parenting time, support or education of the minor children, shall not be subject to subsequent modification by the court except: (1) As prescribed by the agreement; or (2) as subsequently consented to by the parties.
History:
L. 2011, ch. 26, § 7; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 27 - Dissolution Of Marriage › 23-2713 Effective date as to remarriage; effect of a decree in another state.

23-2713. Effective date as to remarriage; effect of a decree in another state.
(a) Any marriage contracted by a party, within or outside this state, with any other person before a judgment of divorce becomes final shall be voidable until the decree of divorce becomes final. An agreement which waives the right of appeal from the granting of the divorce and which is incorporated into the decree or signed by the parties and filed in the case shall be effective to shorten the period of time during which the remarriage is voidable.
(b) A judgment or decree of divorce rendered in any other state or territory of the United States, in conformity with the laws thereof, shall be given full faith and credit in this state, except that, if the respondent in the action, at the time of the judgment or decree, was a resident of this state and did not personally appear or defend the action in the court of that state or territory and that court did not have jurisdiction over the respondent's person, all matters relating to maintenance, property rights of the parties and support of the minor children of the parties shall be subject to inquiry and determination in any proper action or proceeding brought in the courts of this state within two years after the date of the foreign judgment or decree, to the same extent as though the foreign judgment or decree had not been rendered. Nothing in this section shall authorize a court of this state to enter a child custody determination, as defined in K.S.A. 23-37,102, and amendments thereto, contrary to the provisions of the uniform child custody jurisdiction and enforcement act.
History:
L. 2011, ch. 26, § 8; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 27 - Dissolution Of Marriage › 23-2714 Evidence.

23-2714.
Evidence.
(a) Admissions. Upon the trial of the action, the court may admit proof of the admissions of the parties to be received in evidence, excluding such as shall appear to have been obtained by connivance, fraud, coercion, or other improper means.
(b) Marriage. Testimony admissible to prove a common-law marriage may be received as evidence of the marriage of the parties.
(c) Husband and wife as witness. Either party to the action shall be competent to testify upon all material matters involved in the controversy.
(d) Corroborating testimony. A decree of divorce, separate maintenance or annulment may be granted upon the uncorroborated testimony of either party or both of them.
History:
L. 1963, ch. 303, 60-1609; L. 1970, ch. 240, § 1; L. 1975, ch. 304, § 1; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 27 - Dissolution Of Marriage › 23-2715 Costs and attorney fees.

23-2715. Costs and attorney fees.
Costs and attorney fees may be awarded to either party as justice and equity require. The court may order that the amount be paid directly to the attorney, who may enforce the order in the attorney's name in the same case.
History:
L. 2011, ch. 26, § 9; L. 2012, ch. 162, § 40; May 31.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 27 - Dissolution Of Marriage › 23-2716 Restoration or other change of name.

23-2716. Restoration or other change of name.
(a) Upon the request of a spouse, the court shall order the restoration of that spouse's former name. The court shall have jurisdiction to restore the spouse's former name at or after the time the decree of divorce becomes final.
(b) Upon the request of a spouse, the court may order such spouse's name be changed to a name that is different than such spouse's former name. The court shall have jurisdiction to change the spouse's name at or after the time the decree of divorce becomes final.
(c) The judicial council shall develop a form that is simple, concise and direct for use with this section.
History:
L. 2011, ch. 26, § 10; L. 2023, ch. 39, § 1; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 27 - Dissolution Of Marriage › 23-2717 Obligation to comply with orders not suspended by other party's failure to comply.

23-2717. Obligation to comply with orders not suspended by other party's failure to comply.
If a party fails to comply with a provision of a decree, temporary order or injunction issued under articles 27 through 38 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto, the obligation of the other party to make payments for support or maintenance or to permit visitation or parenting time is not suspended, but the other party may request by motion that the court grant an appropriate order.
History:
L. 2011, ch. 26, § 11; L. 2012, ch. 162, § 41; May 31.