Grounds for a Divorce

The Petition for Divorce is the initial document filed with the Kansas court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

The district court shall grant a decree of divorce for any of the following grounds:

No-Fault Based Grounds:
(1) Incompatibility;

Fault Based Grounds:
(1) failure to perform a material marital duty or obligation; or (2) Mental illness or mental incapacity.

Incompatibility by reason of mental illness or mental incapacity shall require on of the following: (1) Confinement of the spouse in an institution by reason of mental illness for a period of 2 years, which confinement need not be continuous; or (2) an adjudication of mental illness or mental incapacity of the spouse by a court of competent jurisdiction while the spouse is confined in an institution by reason of mental illness. (Kansas Statutes – Chapter 60 – Article 16 – Subject: 1601)

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