Perry v. Perry

Foth, C.J.:

Plaintiff husband was granted a default divorce in November, 1978. The defendant wife had been personally served in Virginia in July, 1978, but never appeared in the Kansas action. The decree included provisions for child custody, child support, property division, and alimony. In January, 1979, the wife filed a motion under K.S.A. 60-260(i>) to set aside the judgment on two grounds: (1) the plaintiff husband was not a resident of Kansas when he filed the petition, and (2) the Kansas court acquired no in personam jurisdiction over her because she was not and had never been a…