What happens if my spouse says he/ she won’t give me a divorce?
Kansas is a “no fault” divorce state. That means that the usual ground for divorce is “incompatibility.”
“Incompatibility” means the relationship between husband and wife is broken to a point that they do not get along, don’t want to or cannot live together any longer, and that either one or both of them do not want to be married any longer.
Kansas appellate cases indicate that if one person wants a divorce and says that he or she is “incompatible” with the other spouse, then the husband and wife are, by definition, “incompatible” – even if the other spouse does not want a divorce, or thinks that they can work out their problems, or doesn’t think the problems are “any big deal.”
Kansas courts are required to grant a divorce if one spouse asks for a divorce to be granted.
When a divorce petition is filed, the petition usually says only that the husband and wife are “incompatible.” A party filing for divorce (or filing a “counterclaim” for divorce) may claim “fault” grounds for the divorce; however, Kansas appellate decisions indicate this does not have any effect upon the way in which the courts decide issues in the divorce, unless that allegation has specific relevance to the issue to be decided.