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)