ptwest
recently joined
Reged: 01/09/12
Posts: 1
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Can one spouse force the other out of the marital home upon serving divorce papers? I have a friend living in Olathe and last week, out of no where, they were served with divorce papers and given 48 hrs to leave the home. We advised them to get an attorney as soon as possible (this was on the weekend) but Monday morning, early, a cop was there saying they would be arrested if they did not leave. I am not an attorney and do not know KS law but I was under the impression that in any state you can't force one spouse out of their home and in some states the courts look at your leaving negatively. Any input would be greatly appreciated. Thank you.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30354
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They need to CAREFULLY read the divorce papers. The divorce summons is merely a notification that the court date has been set for a divorce hearing. Unless there was an ex parte hearing and they were ORDERED out, they do not have to leave. Many times cops do not understand the LAW, and will intimidate someone onto leaving.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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almostfree
newbie
Reged: 05/12/06
Posts: 38
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And if it wasn't in there, and the cop threatened him with an unlawful arrest, I would follow up with an attorney about legal recourse on the police as well and promptly move back into the house.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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Yes. It is possible, but unusual. A Summons and Petition can also be served with restraining provisions as part of an ex parte order -pending a temporary hearing. It is unusual and, in some states, is allowed where there is an allegation of abuse or threat of abuse should the parties remain in the same household.
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