Divorce

A divorce in Kansas may be granted for the following reasons:

1. incompatibility, which means the spouses cannot get along;
2. failure to perform a material marital duty or obligation; or
3. incompatibility by reason of “mental illness or mental incapacity” of one or both spouses.¹

To prove the ground of mental illness or mental incapacity, the judge must find that:

1. there has been confinement in a mental institution for a period of two years, either continuously or not; or
2. there was a determination (“adjudication”) of mental illness or incapacity by a court at some point during the confinement for mental illness.²

Also, the judge will appoint three doctors to evaluate the person and at least two of the doctors must say that the person is suffering from mental illness and that there is not a good possibility of recovery from the mental illness.²

¹ Kan. Stat. § 23-2701(a)
² Kan. Stat. § 23-2701(b)