What are the grounds for divorce in Kansas?
A divorce in Kansas may be granted for the following reasons:
- Failure to perform a material marital duty or obligation; or
- 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:
- there has been confinement in a mental institution for a period of 2 years (confinement doesn’t need to be continuous,) or
- 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)