Grounds for Divorce

One of the grounds for divorce established by the Kansas Statutes must be declared in the Petition for divorce. Both fault and no-fault grounds for divorce are available. The difference is that the fault grounds for divorce must be proven by the plaintiff before the court, while the no-fault ground implies that neither spouse is to blame for the breakup, so no evidence needs to be provided.

The only no-fault ground for divorce in Kansas is Incompatibility.

The fault grounds for divorce in Kansas are failure to perform a material marital duty or obligation, and mental illness or mental incapacity. The latter ground for divorce requires either confinement of the spouse in an institution for two years, or an adjudication of mental illness of the spouse by a court of competent jurisdiction while the party is confined in an institution because of mental illness.