Grounds for Divorce in Kansas

Kansas allows no-fault and limited fault-based grounds. Most people choose no-fault to reduce tension, cost, and delay.

No-Fault Ground

Incompatibility (irretrievable breakdown) is the standard no-fault ground in Kansas. You do not need to prove misconduct or live apart before filing.

Fault-Based Grounds (less common)

Kansas also recognizes failure to perform a material marital duty or obligation and incompatibility by reason of mental illness or mental incapacity. The latter has additional proof requirements (e.g., medical evidence and periods of treatment). Fault grounds typically require more evidence and hearings, which can increase time and expense without guaranteeing a meaningfully different result on property or support.

Hello Divorce can prepare all your Kansas divorce forms for you with our divorce plans.

FAQs

Do I have to prove fault to get divorced in Kansas?
No. Most cases proceed on incompatibility (no-fault).

Can fault change the outcome?
Fault may matter in limited circumstances, but Kansas courts focus on a just and reasonable division and practical support outcomes. Fault claims often increase time and cost.

Is a fault divorce faster in Kansas?
Usually not. Proving fault adds steps, evidence, and hearings, slowing the process compared to no-fault.