What is a divorce?
A “divorce” is a way that a marriage is formally and legally terminated, or ended. It is one of the three basic kinds of domestic relations (family law) actions that can be filed between married persons in Kansas.
A “divorce” requests that the marriage of the parties to the action be dissolved. A divorce presumes that the marriage of the parties is valid. A divorce results in a finding by the court that there will be no marital relationship between the parties after granting the Divorce Decree.
Typically, more than just a “divorce” is requested. A divorce usually also requests that the court make orders dividing the couple’s property and debt, determine what child custody, residency, and parenting time rights each parent will have after their divorce, what rights any third party will have to visit with the children, what each parent’s responsibility is for support of their children, and whether either spouse owes the other any spousal support (alimony or maintenance).
In Kansas a divorce can be granted on one of three grounds for divorce. The usual ground for divorce is “incompatibility.”
The other grounds for divorce in Kansas are:
Failure to perform a material marital duty; and
Incompatibility by reason of mental illness or mental incapacity of one or both spouses.