60-1604.Petition and summons.(a) Verification of petition. The truth of theallegations of any petition under this article must be verified by thepetitioner in person or by the guardian of an incapacitated person.
(b) Captions. All pleadings shall be captioned, "In the matter ofthe marriage of _________ and __________." In the caption, the name ofthe petitioner shall appear first and the name of the respondent shall appearsecond, but the respective parties shall not be designated as such.
(c) Contents of petition. The grounds for divorce, annulmentor separate maintenance shall be alleged as nearly as possible in thegeneral language of the statute, without detailed statement of facts.If there are minor children of the marriage, the petition shall state theirnames and dates of birth and shall contain, or be accompanied by an affidavitwhich contains, the information required by K.S.A. 38-1356and amendments thereto.
(d) Bill of particulars. The opposing party may demand a statementof the facts which shall be furnished in the form of a bill of particulars. Thefacts stated in the bill of particulars shall be the specific facts upon whichthe action shall be tried. If interrogatories have been served on or adeposition taken of the party from whom the bill of particulars is demanded,the court in its discretion may refuse to grant the demand for a bill ofparticulars. A copy of the bill of particulars shall be delivered to the judge.The bill of particulars shall not be filed with the clerk of the court orbecome a part of the record except on appeal, and then only when the issue tobe reviewed relates to the facts stated in the bill of particulars. The bill ofparticulars shall be destroyed by the district judge unless an appeal is taken,in which case the bill of particulars shall be destroyed upon receipt of thefinal order from the appellate court.
(e) Service of process. Service of process shall be made in themanner provided in article 3 of this chapter.
History: L. 1963, ch. 303, 60-1604; L. 1967, ch. 328, § 1; L. 1977,ch. 204, § 1; L. 1978, ch. 231, § 28; L. 1982, ch. 152, § 4;L. 1986, ch. 115, § 92;L. 2000, ch. 171, § 78; July 1.
60-1604.Petition and summons.(a) Verification of petition. The truth of theallegations of any petition under this article must be verified by thepetitioner in person or by the guardian of an incapacitated person.
(b) Captions. All pleadings shall be captioned, "In the matter ofthe marriage of _________ and __________." In the caption, the name ofthe petitioner shall appear first and the name of the respondent shall appearsecond, but the respective parties shall not be designated as such.
(c) Contents of petition. The grounds for divorce, annulmentor separate maintenance shall be alleged as nearly as possible in thegeneral language of the statute, without detailed statement of facts.If there are minor children of the marriage, the petition shall state theirnames and dates of birth and shall contain, or be accompanied by an affidavitwhich contains, the information required by K.S.A. 38-1356and amendments thereto.
(d) Bill of particulars. The opposing party may demand a statementof the facts which shall be furnished in the form of a bill of particulars. Thefacts stated in the bill of particulars shall be the specific facts upon whichthe action shall be tried. If interrogatories have been served on or adeposition taken of the party from whom the bill of particulars is demanded,the court in its discretion may refuse to grant the demand for a bill ofparticulars. A copy of the bill of particulars shall be delivered to the judge.The bill of particulars shall not be filed with the clerk of the court orbecome a part of the record except on appeal, and then only when the issue tobe reviewed relates to the facts stated in the bill of particulars. The bill ofparticulars shall be destroyed by the district judge unless an appeal is taken,in which case the bill of particulars shall be destroyed upon receipt of thefinal order from the appellate court.
(e) Service of process. Service of process shall be made in themanner provided in article 3 of this chapter.
History: L. 1963, ch. 303, 60-1604; L. 1967, ch. 328, § 1; L. 1977,ch. 204, § 1; L. 1978, ch. 231, § 28; L. 1982, ch. 152, § 4;L. 1986, ch. 115, § 92;L. 2000, ch. 171, § 78; July 1.
60-1604.Petition and summons.(a) Verification of petition. The truth of theallegations of any petition under this article must be verified by thepetitioner in person or by the guardian of an incapacitated person.
(b) Captions. All pleadings shall be captioned, "In the matter ofthe marriage of _________ and __________." In the caption, the name ofthe petitioner shall appear first and the name of the respondent shall appearsecond, but the respective parties shall not be designated as such.
(c) Contents of petition. The grounds for divorce, annulmentor separate maintenance shall be alleged as nearly as possible in thegeneral language of the statute, without detailed statement of facts.If there are minor children of the marriage, the petition shall state theirnames and dates of birth and shall contain, or be accompanied by an affidavitwhich contains, the information required by K.S.A. 38-1356and amendments thereto.
(d) Bill of particulars. The opposing party may demand a statementof the facts which shall be furnished in the form of a bill of particulars. Thefacts stated in the bill of particulars shall be the specific facts upon whichthe action shall be tried. If interrogatories have been served on or adeposition taken of the party from whom the bill of particulars is demanded,the court in its discretion may refuse to grant the demand for a bill ofparticulars. A copy of the bill of particulars shall be delivered to the judge.The bill of particulars shall not be filed with the clerk of the court orbecome a part of the record except on appeal, and then only when the issue tobe reviewed relates to the facts stated in the bill of particulars. The bill ofparticulars shall be destroyed by the district judge unless an appeal is taken,in which case the bill of particulars shall be destroyed upon receipt of thefinal order from the appellate court.
(e) Service of process. Service of process shall be made in themanner provided in article 3 of this chapter.
History: L. 1963, ch. 303, 60-1604; L. 1967, ch. 328, § 1; L. 1977,ch. 204, § 1; L. 1978, ch. 231, § 28; L. 1982, ch. 152, § 4;L. 1986, ch. 115, § 92;L. 2000, ch. 171, § 78; July 1.
