You cannot end your marriage in Kansas without listing grounds for divorce. This means you must list a legal reason for divorcing when you file your divorce paperwork. Kansas recognizes fault grounds, which means one party is to blame, as well as no-fault grounds, which means there are simply irreconcilable differences between the spouses.
The grounds for divorce that you can list in Kansas include the following:
- Failure to fulfill a material marital duty or obligation (this includes adultery, habitual drunkenness, cruelty and more)
- Incompatibility due to mental illness or mental incompetence.
The last ground related to mental illness or incompetence requires that one or both spouses have been confined to a mental institution for a period of two years (this does not have to be continuous) or that a court determined at some point that one or both spouses was mentally ill or incapacitated while they were in a mental institution.
The judge in the divorce case must appoint three doctors to assess mental fitness and determine the likelihood of recovery and at least two of the three must determine that there is a poor prognosis for recovering from the mental illness.