FAQ: Is Kansas a Fault State for Divorce?

Technically, Kansas is a no-fault state for divorce, meaning that you do not need to prove wrongdoing by your spouse in order to file and obtain a divorce in Kansas. The most common grounds for a no-fault divorce in Kansas is “incompatibility.” However, a party may file for divorce on fault-based grounds, which is discussed below.

What Is a No-Fault Divorce?

A no-fault divorce occurs when the spouse filing for divorce does not need to prove any fault or wrongdoing by the other spouse. Instead, they simply need to state that the marriage is irretrievably broken due to incompatibility.

What Are The Grounds For Divorce in Kansas?

In Kansas, there are three legal grounds for divorce:

Incompatibility (No-Fault)

This is the most commonly cited ground for divorce in Kansas. Incompatibility means that the spouses are no longer compatible with each other and cannot continue the marriage. It does not require proof of wrongdoing or fault by either party. This ground reflects a no-fault divorce approach, where the focus is on the breakdown of the relationship rather than assigning blame.

Since incompatibility is a no-fault ground, it often leads to a less contentious divorce process. Couples may find it easier to reach agreements on issues like property division, child custody, and support when there is no need to prove fault.

Failure to Perform a Material Marital Duty or Obligation (Fault)

This is a fault-based ground for divorce. It implies that one spouse has failed to fulfill essential marital duties or obligations. Examples might include abandonment, adultery, or other significant breaches of marital responsibilities.

Using this fault-based ground for divorce can make the process more contentious, because it involves placing and proving blame on one spouse. The accusing spouse must provide evidence of the other spouse’s failure to perform their marital duties. This ground is less commonly used due to the potential for increased conflict and the availability of the no-fault ground for divorce of incompatibility.

Incompatibility by Reason of Mental Illness or Mental Incapacity

This ground applies when one or both spouses suffer from mental illness or incapacity, making it impossible to continue the marriage. It requires specific proof, and is more complex to establish legally. The mental illness or incapacity must be of such a nature that it prevents the spouse from fulfilling marital duties.

Proving mental illness or incapacity involves a thorough legal and medical process. This ground for divorce may require testimony from medical experts, and can complicate the divorce proceedings. It may also affect decisions regarding spousal support and custody if children are involved.

How Does a No-Fault divorce differ from a fault-based divorce?

• Proof of Misconduct: In a fault-based divorce, one spouse must prove that the other spouse’s misconduct led to the breakdown of the marriage. In a no-fault divorce, no such proof is needed.
• Time and Cost: No-fault divorces are generally quicker and less expensive, because they do not require extensive evidence or litigation to prove fault.
• Emotional Impact: No-fault divorces tend to be less adversarial, which can reduce the emotional strain on both parties.

Can Fault Affect Other Aspects of The Divorce in Kansas?

While Kansas primarily encourages no-fault divorces, fault can still play a role in certain aspects of the divorce, such as:

• Property Division: Misconducts such as financial irresponsibility or wasting marital assets might influence the division of property.
• Spousal Support: Fault might be considered when determining alimony, especially in cases of abuse or significant financial misconduct.
• Child Custody: The court’s primary concern is the best interest of the child, and misconduct by a parent could impact custody decisions.

How Do I File For a No-Fault Divorce in Kansas?

To file for a no-fault divorce in Kansas, follow these steps:

1. Meet Residency Requirements: Ensure that at least one spouse has lived in Kansas for at least 60 days before filing.
2. File the Petition: Submit a Petition for Divorce citing “incompatibility” as the grounds.
3. Serve Your Spouse: Properly provide your spouse with a copy of the petition and other relevant documents.
4. Await Response: Your spouse will have the opportunity to respond to the petition.
5. Negotiate Terms: Work out the terms of the divorce, including property division, child custody, and support.
6. Finalize the Divorce: Attend a final hearing where the judge will review and approve the divorce agreement.

How Can Kansas Legal Group Assist With My Divorce?

At Kansas Legal Group, we offer comprehensive support throughout the divorce process, including:

• Legal Advice: Understanding your rights and options under Kansas law.
• Documentation: Assisting with the preparation and filing of necessary legal forms.
• Negotiation: Helping you negotiate fair terms for property division, child custody, and support.
• Representation: Advocating for your best interests, protecting your assets, and representing you in court.

Kansas Legal Group is here to guide you through the process, ensuring your rights are protected. If you have any further questions or need personalized legal advice, please contact us or call us at (913) 456-5738 today for a free case evaluation.