Can I get a better division of property because my spouse has committed adultry?


Assertion of fault grounds for divorce is typically not advisable and will usually not affect the trial court’s decision on any “ultimate” issue (i.e. division of property, award of spousal support or decision on child custody issues). Kansas appellate court cases state that trial courts cannot consider “fault” in making any decision in the divorce action, unless that ground has some specific relevance to the particular issue considered.

The usual effect of one spouse alleging “fault” in a divorce is to increase the costs in the case, slow down the process, polarize the spouses and enmesh them in their arguments and disagreements, rather than leading to an quick or easy determination of any issues in the case. The assertion of “fault” grounds in a divorce usually increases the cost of divorce anywhere from three to ten times (or more) than a divorce in which the ground for divorce is “incompatibility.”

Notwithstanding this caveat, there may be some circumstances under which such “fault” grounds should be alleged. However, these situations are very rare and often raise more issues and anger than they are worth in benefit. You should discuss this issue with your attorney if you feel it may be applicable to your case.