Grounds for Divorce in Kansas
Oct. 2, 2023
Many married individuals who contemplate a divorce believe ending their marriage is a grueling process, where they will have to prove some type of wrongdoing or marital misconduct to get a divorce. However, like many other states, Kansas is a no-fault divorce state, which means the divorce process can be very straightforward. Neither partner has to provide a reason for divorce.
However, it is still essential to understand the grounds for divorce in Kansas to ensure that you are aware of all of your options to get the best possible outcome. As a family law attorney at Rundberg Law, LLC, I can guide you through the divorce process and help you make informed and rational decisions that serve your best interests. I provide legal counsel to clients in Overland Park, Kansas, and throughout Johnson County.
Grounds for Divorce in Kansas
Kansas is primarily a no-fault divorce state and recognizes only three grounds for divorce. Under Kansas law, courts must grant a divorce when either spouse files a petition for divorce based on any of the following reasons:
Incompatibility (“no-fault”). Stating that you were simply incompatible when ending the divorce allows individuals to file for a no-fault divorce. Once one spouse files for divorce on the grounds of incompatibility, the court will initiate formal proceedings to end the marriage—even if the other spouse does not want to get a divorce.
Failure to perform a material marital duty/obligation. If incompatibility is considered a no-fault divorce, seeking the dissolution of the marriage on the grounds of “failure to perform a material marital duty or obligation” is a fault divorce in the state of Kansas. Some examples of such failure include adultery, extreme cruelty, gross neglect of duty, and other types of misconduct. In some cases, establishing a spouse’s fault may be beneficial because it could give the wronged spouse an advantage in certain aspects of the divorce, such as the division of assets.
Incompatibility by reason of mental illness. As the name implies, this ground for divorce applies when one spouse is mentally ill. This ground can be established if there is proof that one spouse has been confined to a mental institution for at least two years; or, a court has established that a spouse is mentally ill or incapacitated and no less than two of three court-appointed physicians declared that the prognosis of recovery is poor.
You might want to consult with a family law attorney if you are not sure which ground for divorce to choose, especially if you think you could prove your spouse’s fault to be able to negotiate a more favorable outcome.
Filing for Divorce in Kansas
In addition to deciding which ground for divorce to choose, you must also meet the residency requirements to initiate the dissolution of your marriage in Kansas. Under Kansas law, you cannot file for divorce unless at least one of the spouses has lived in Kansas for at least 60 days prior to the filing date. If you meet the residency requirement, you can proceed to filing a petition for divorce in the district court where either you or your spouse reside at the time of filing.
Divorce can be either contested or uncontested:
In an uncontested divorce, the spouses agree on all of the issues in their divorce, including property distribution, alimony, child custody, and others.
In contested divorces, the couple cannot reach an agreement and their case proceeds to court where their issues will be decided for them. Contested divorces are typically more expensive and more adversarial than uncontested ones.
The ground for divorce you pick when filing your petition can affect whether your divorce will be contested or uncontested as well as the timeline of the proceedings. Most divorce cases involving allegations of fault turn into contested divorces, which usually require more time to resolve.
Strong Legal Assistance
Sometimes, ending the marriage is the only right thing to do for everyone. However, divorce can be an emotionally challenging and overwhelming experience rife with complex legal procedures. Working with an attorney can help you streamline the divorce process and ensure that your rights are protected. Rundberg Law, LLC can provide you with strong legal assistance and explain the grounds for divorce in your situation. Reach out now to request a free consultation.