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Kansas: Grounds for Divorce in Kansas

Each state has unique grounds in which a divorce may be granted by the court. When choosing the grounds for your divorce, you should always remember that you must have sufficient proof to the court that your marital situation warrants a divorce by the grounds you are requesting the divorce to be granted.

Grounds for Filing: The Petition for Divorce must declare the appropriate Kansas grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:

The district court shall grant a decree of divorce for any of the following grounds:


(1) Incompatibility;


(1) Failure to perform a material marital duty or obligation; or

(2) Mental illness or mental incapacity.

The ground of mental illness or mental incapacity shall require either:

(1) Confinement of the spouse in an institution a period of two years; or

(2) An adjudication of mental illness or mental incapacity of the spouse by a court of competent jurisdiction while the spouse is confined in an institution by reason of mental illness.

(Kansas Statutes - Chapter 60 - Article 16 - Subject: 1601)

Copyright Notice: The above synopsis of Kansas grounds for divorce is original material which is owned an copyrighted by Divorce Source, Inc. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited. Violation of this notice will result in immediate legal action.

If you do not fall under any of the above mentioned grounds for divorce/dissolution, you most likely should consider trying to save your marriage. Many spouses find that they do not meet the requirements of a waiting period, which can be very frustrating, but it is these waiting periods that are in effect in order to help prevent rash decisions to terminate a marriage.

Related Divorce Resources:

- Start Your Kansas Divorce Today (5 Great Options!)
- Locate a Kansas Divorce Professional Near You
- Read More About Kansas Divorce Laws

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