What was done was outside of common law and therefore required the parties to follow the statute. The judge has to follow the law. So if we in Kansas want things changed on issues like this, we have to go to the Kansas Legislature. That’s how it works. But having just reviewed the Kansas statutes on this issue, I remain confused since it only seems to talk about “husband and wife.” See K.S.A. 23, Article 23.
Another prime reason the KEEP YOUR ZIPPER ZIPPED UP!