Legal Question in Family Law in Kansas

Quick Divorce Laws in Kansas

My daughter separated from her husband in March of last year. Her husband remained in the house with their young daughter. Because she didn't have a stable residence, she allowed her daughter to remain in the house, in order to help her through the transition period. My daughter went to court several times in order to get a restraining order from her husband and to be able to see her daughter on a regular basis. Each time she would get a job, he would call her constantly resulting in getting her fired. He took advantage of the situation, and went behind her back. He secretly got a divorce from her, received permanent custody of her daughter, and fixed her child support payments at $250 per month. My daughter was not notified until it was over, and presently is not working. He threatens to have her thrown into jail for non payment of child support. Is it legal for a man to obtain a divorce and accomplish all of this without having served papers on his spouse? She knew nothing about the divorce until a friend read about it in the local newspaper.


Asked on 2/05/02, 9:13 am

1 Answer from Attorneys
Bonnie Selby Bonnie J. Selby, Attorney at Law

Re: Quick Divorce Laws in Kansas

One cannot 'secretly' get a divorce from another in the State of KS. . .I suggest there may be some facts of which you haven't been made aware. Did your daughter establish residency elswehere? Did she have an attorney? HE cannot have her thrown in jail for non-payment of child support. . .however, the court could if she doesn't enter a proper appearance and present her case.

Yes, one can obtain a divorce and provide for a chld by publication if the other parent is unable to be found.

If your daughter doesn't have an attorney, i would advise that she get one and get into court asap.

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Answered on 2/05/02, 9:45 pm


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