Legal Question in Family Law in Kansas

If I file for divorce how do you determine who leaves the house. It is my moiney from my previous life that made the downpayment and I don't waqnt her to get to live here and me have to make payments to keep from losing my investment. She has stated that I would have to leave and find another place but I can't afford to pay to live elsewhere and pay house payment.


Asked on 4/05/12, 10:25 am

1 Answer from Attorneys

Rian Ankerholz Ankerholz and Smith

In Kansas, the party filing the divorce has the unique opportunity (one time only) to seek Temporary Orders from the judge without the other party being present. Those "ex parte" Orders may include a provision specifying who is to reside in the house during the pendency of the divorce. Absent allegations of physical abuse or domestic violence, the party who is being removed from the home will normally have two weeks to do so. That period also allows for an expedited review of the Temporary Orders if the aggrieved party so requests. The judge will take all factors into consideration, including whether the down payment was made solely by one party, in determining the proper Temporary Orders. Other factors may apply, such as whether children would have to be relocated, and each party's access to other housing. Consult an experienced family law attorney.

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Answered on 4/09/12, 7:20 am


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