Legal Information: Kansas


May 6, 2022

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 two years, either continuously or not; 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 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.1

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

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