Grounds for Divorce in Kansas: No-Fault, Fault and Separation Requirements
Kansas allows three grounds: incompatibility, failure to perform a material marital duty or obligation, and incompatibility by reason of mental illness or incapacity. No separation is required, and dissipation is the main conduct factor in property.
What are the grounds for divorce in Kansas?
Three (K.S.A. 23-2701(a)).
| Ground | Section | What the statute says |
|---|---|---|
| Incompatibility | 23-2701(a)(1) | Incompatibility |
| Failure to perform a duty | 23-2701(a)(2) | Failure to perform a material marital duty or obligation |
| Incompatibility by reason of mental illness | 23-2701(a)(3), (b) | Two years of confinement, or an adjudication while confined, plus a finding by at least two of three physicians of a poor prognosis |
Is Kansas a no-fault state?
Largely. Incompatibility is the first ground and needs no proof of wrongdoing, which is why it is the one most spouses use. The second ground, failure to perform a material marital duty or obligation, is alleged in the general language of the statute without a detailed statement of facts.
Is there a separation requirement in Kansas?
No. None of the grounds requires a separation. The only fixed times are the 60-day residence rule and the 60 days after filing; use the Kansas divorce timeline calculator to see them.
What if a spouse has a mental illness in Kansas?
A decree on the ground of incompatibility by reason of mental illness or incapacity does not relieve a party from contributing to the support and maintenance of the mentally ill or incapacitated spouse (23-2701(b)).
Does fault matter to property in Kansas?
Dissipation of assets is a listed factor in the property division, along with the ages of the parties, the duration of the marriage, earning capacities, the source of the property and taxes (23-2802(c)). See the Kansas property division calculator and the Kansas alimony calculator.
Does fault matter to the children in Kansas?
Evidence of domestic abuse, including a pattern or history of physically or emotionally abusive behavior used to gain or maintain control, or an act of domestic violence, stalking or sexual assault, is one of the factors in deciding legal custody, residency and parenting time (23-3203(a)(9)). See the Kansas parenting time calculator.
What must the petition allege in Kansas?
The grounds are alleged as nearly as possible in the general language of the statute, without a detailed statement of facts, and the opposing party may demand a bill of particulars stating the specific facts on which the action will be tried (23-2704(c)-(d)).
Can the other spouse file a counterclaim in Kansas?
Yes. The respondent may answer and also file a counterclaim for divorce, annulment or separate maintenance, and new matter in the answer must be verified (23-2705).
What is separate maintenance in Kansas?
A decree of separate maintenance can be granted on the same grounds as a divorce (23-2701(a)) without ending the marriage, so it is an alternative for spouses who want support and property orders while staying married.
Can attorney fees be awarded in Kansas?
Yes. A decree may include an order awarding costs and attorney fees to either party under K.S.A. 23-2715 (23-2711(a)(7)), and the court may provide for the expenses of the suit during the case (23-2707(a)(5)).
Can a name be restored in Kansas?
Yes. The decree may include an order changing one or both parties’ names under K.S.A. 23-2716 (23-2711(a)(6)).
Do the grounds change the timeline in Kansas?
No. The same residence rule and the same 60-day wait apply to every Kansas divorce.
Frequently asked questions
What are the grounds for divorce in Kansas?
Incompatibility, failure to perform a material marital duty or obligation, and incompatibility by reason of mental illness or incapacity.
Is Kansas a no-fault divorce state?
Largely: incompatibility needs no proof of fault.
Is a separation period required for a Kansas divorce?
No separation period is required.
Does adultery matter in a Kansas divorce?
It is not a named ground; conduct matters to property only as dissipation of assets.
Can my spouse stop a Kansas divorce?
Only by persuading the court that no ground exists.
Official sources
- K.S.A. 23-2703: residence
- K.S.A. 23-2708: action for divorce; time for hearing
- K.S.A. 23-2701: grounds for divorce or separate maintenance
- K.S.A. 23-2704: petition and summons
- K.S.A. 23-2802: division of property
- K.S.A. 23-3203: factors for legal custody, residency and parenting time
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Kansas statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Kansas attorney.