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Nelson & Booth
attorneys at law

What are the grounds for divorce in Kansas?

Kansas is considered a "no-fault" divorce state. That means that the usual ground for divorce is "incompatibility." "Incompatibility" means that the relationship of the parties has broken down to such an extent that the parties can no longer live together and that the parties (or either one of them) no longer wish to be married to one another. Kansas cases indicate that if one person says they are “incompatible” with the other, the parties are incompatible no matter what the other person says. The courts are required to grant a divorce if one party asks that a divorce be granted.

When a petition for divorce is filed, the petition usually says only that the parties are "incompatible." A party filing for divorce may also claim “fault” grounds for the divorce; however, Kansas appellate court decisions indicate that this can have no effect on the manner in which issues are decided unless that fact has some specific relevance to the issue to be decided.

If a divorce is requested by one party to a marriage, the court is required to grant the divorce even if the other person does not want the divorce.

NELSON & BOOTH is a law firm engaged exclusively in a family law practice emphasizing complex domestic relations actions, including divorce and determination of parentage, property division, child custody, parenting time, spousal and child support and representation of parents in cases of international child abduction.

The attorneys at NELSON & BOOTH are licensed to practice only in the
states of Kansas or Missouri.

E-mail: Ronald W. Nelson or Joseph W. Booth

nelson & booth

attorneys at law

Last updated 11/7/2003