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60-1608. Time for hearing; pretrial conferences; counseling, when.

60-1608

Chapter 60.--PROCEDURE, CIVIL
Article 16.--DIVORCE AND MAINTENANCE

      60-1608.   Time for hearing; pretrial conferences; counseling, when.(a) Time. An action for divorce shall not be heard until 60 days afterthe filing of the petition unless the judge enters an order declaring theexistence of an emergency, stating the precise nature of the emergency, thesubstance of the evidence material to the emergency and the names of thewitnesses who gave the evidence.A request for an order declaring the existence of an emergency may becontained in a pleading or made by motion. Unless otherwise agreed by theparties, a request for the declaration of an emergency shall not be heard priorto the expiration of the time permitted for the filing of an answer. Unlesswaived, notice of the hearing requesting the declaration of an emergency shallbe given to all parties not in default not less than seven days prior to thedate of the hearing. Upon a finding that an emergency exists, the divorce andall issues pertaining thereto may be heard immediately.

      (b)   Pretrial conferences. The court shall conduct a pretrialconference or conferences in accordance with K.S.A. 60-216, and amendmentsthereto, upon request of either party or on the court's own motion. Anypretrialconference shall beset on a date other than the date of trial and the parties shall be present oravailable within the courthouse.

      (c)   Marriage counseling. After the filing of the answer or otherresponsive pleading by the respondent, the court, on its own motion or uponmotion of either of the parties, may require both parties to the action to seekmarriage counseling if marriage counseling services are available within thejudicial district of venue of the action. Neither party shall be required tosubmit to marriage counseling provided by any religious organization of anyparticular denomination.

      (d)   Cost of counseling. The cost of any counseling authorized by thissection may be assessed as costs in the case.

      History:   L. 1963, ch. 303, 60-1608; L. 1970, ch. 239, § 1; L.1977, ch. 204, § 3; L. 1981, ch. 235, § 1; L. 1982, ch. 152, § 8;L. 1991, ch. 171, § 1;L. 1996, ch. 186, § 1;L. 1997, ch. 173, § 31; July 1.

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