Kansas law provides for dissolution of marriage without requiring either party to prove fault or misconduct on the part of the other. This means a divorce can be granted based on incompatibility, a state of discord between the parties that makes it impossible for them to live together. This approach simplifies the process, focusing on the reality of the marital breakdown rather than assigning blame. For instance, if a couple experiences persistent disagreements and emotional distance rendering the marriage unsustainable, a decree can be issued solely on these grounds.
The availability of this divorce option offers several advantages. It typically reduces conflict and animosity between the divorcing parties, leading to a more amicable resolution of issues such as property division, child custody, and spousal support. Historically, fault-based divorces could lead to lengthy and expensive court battles as each side attempted to prove the others wrongdoing. The modern approach streamlines the process, minimizing emotional distress and legal costs while promoting fairer outcomes through negotiated settlements or judicial decisions based on objective factors.
