23-2718. Interspousal tort. (a) An action for interspousal tort shall not be consolidated with an action under K.S.A. 2021 Supp. 23-2701 through 23-2718, 23-2802, 23-2901 through 23-2905, 23-3001 through 23-3006, 23-3119, 23-3120, 23-3201 through 23-3222, 23-3301, 23-3402, 23-3403, 23-3510 and 28-179, and amendments thereto, unless the parties agree to consolidation and consolidation is approved by the court.
(b) A decree of divorce or separate maintenance granted under subsections (a)(1) or (3) of K.S.A. 2021 Supp. 23-2701, and amendments thereto, shall not preclude an action for interspousal tort.
(c) A decree of divorce or separate maintenance granted under subsection (a)(2) of K.S.A. 2021 Supp. 23-2701, and amendments thereto, shall preclude an action for interspousal tort based upon the same factual allegations. An action for interspousal tort which has been finally determined shall preclude an action under subsection (a)(2) of K.S.A. 2021 Supp. 23-2701, and amendments thereto, based upon the same factual allegations.
History: L. 2000, ch. 171, ยง 29; July 1.
Structure Kansas Statutes
Chapter 23 - Kansas Family Law Code-revised
Article 27 - Dissolution Of Marriage
23-2701 Grounds for divorce or separate maintenance.
23-2702 Grounds for annulment.
23-2705 Answer and counterclaim.
23-2706 Granting of decree mandatory; exceptions; denial of relief; orders authorized.
23-2708 Action for divorce; time for hearing.
23-2710 Marriage counseling; costs thereof.
23-2711 Decree; authorized orders.
23-2713 Effective date as to remarriage; effect of a decree in another state.
23-2715 Costs and attorney fees.
23-2717 Obligation to comply with orders not suspended by other party's failure to comply.