Kansas law permits the dissolution of marriage without requiring proof that either party is at fault. This means that a divorce can be granted based solely on a finding of incompatibility, rather than proving adultery, abandonment, or other misconduct. A party seeking to end the marriage only needs to demonstrate that the couple’s relationship is irretrievably broken and that reconciliation is not possible.
The adoption of incompatibility as grounds for divorce simplifies the process and reduces the adversarial nature of divorce proceedings. It eliminates the need for potentially damaging accusations and investigations into marital misconduct. This can lead to less conflict, lower legal costs, and a more amicable resolution of issues such as property division, child custody, and spousal support. Prior to no-fault divorce laws, proving fault was often necessary to obtain a divorce or to gain leverage in settlement negotiations.