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Legal Information: Kansas

Divorce

Updated: 
June 21, 2021

What are the grounds for divorce in Kansas?

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

  1. Incompatibility;
  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 2 years (confinement doesn’t need to be continuous,) or
  2. there was an adjudication of mental illness or incapacity by a court at some point during the confinement for mental illness.

Also, the judge will appoint 3 doctors to evaluate the person and at least 2 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.1

1 K.S.A. 23-2701(a)
2 K.S.A. 23-2701(b)

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