WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender.

Important: Even if courts are closed, you can still file for a protection order and other emergency relief. See our FAQ on Courts and COVID-19.

Legal Information: Kansas

Divorce

Updated: 
April 8, 2020

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)

Legal Information

© 2008–2020 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.