60-607. Domestic relations actions. (a) An action for divorce, annulment of marriage or separate maintenance may be brought in:
(1) The county in which the petitioner is an actual resident at the time of filing the petition;
(2) the county where the respondent resides or where service may be obtained; or
(3) if the petitioner is a resident of or stationed at a United States post or military reservation within the state at the time of filing the petition, any county adjacent to the post or reservation.
(b) For the purposes of this section, a spouse may have a residence separate and apart from the residence of the other spouse.
History: L. 1963, ch. 303, 60-607; L. 1983, ch. 196, § 1; July 1.
Source or prior law:
G.S. 1868, ch. 80, § 54; L. 1909, ch. 182, § 54; R.S. 1923, 60-508.
Cross References to Related Sections:
Divorce, residence requirements, 60-1603.
Law Review and Bar Journal References:
"Divorce and Alimony Under the New Code," Dan Hopson, Jr., 12 K.L.R. 27, 31 (1963).
"Divorce Law: Lis Pendens, Judgment Liens, Homestead Exemptions, and Bankruptcy," John C. Peck, Shala M. Bannister and W. Thomas Gilman, 60 J.K.B.A. No. 2, 25, 26 (1991).
"The Kansas Venue Statute: Where Does a Cause of Action Arise?" Charles D. Lee, 64 J.K.B.A. No. 7, 36, 37 (1995).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-508 and the 1961 Supp. thereto.
1. Cited in finding continuing exclusive jurisdiction in divorce proceedings in district court which first obtains jurisdiction. Nixon v. Nixon, 226 Kan. 218, 219, 596 P.2d 1238.
2. Venue and objection thereto following acquiescence in judgment of divorce decree examined. In re Marriage of Powell, 13 Kan. App. 2d 174, 177, 766 P.2d 827 (1989).
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