(a) An action for interspousal tort shall not be consolidated with an action under Kan. Stat. Ann. §§ 23-2701 through 23-2718, 23-2802, 23-2901 through 23-2905, 23-3001 through 23-3006, 23-3119, 23-3120, 23-3201 through 23-3222, 23-3301, 23-3402, 23-3403, 23-3510 and 28-179, and amendments thereto, unless the parties agree to consolidation and consolidation is approved by the court.

(b) A decree of divorce or separate maintenance granted under subsections (a)(1) or (3) of Kan. Stat. Ann. § 23-2701, and amendments thereto, shall not preclude an action for interspousal tort.

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Terms Used In Kansas Statutes 23-2718

  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

(c) A decree of divorce or separate maintenance granted under subsection (a)(2) of Kan. Stat. Ann. § 23-2701, and amendments thereto, shall preclude an action for interspousal tort based upon the same factual allegations. An action for interspousal tort which has been finally determined shall preclude an action under subsection (a)(2) of Kan. Stat. Ann. § 23-2701, and amendments thereto, based upon the same factual allegations.