Kansas is a No Fault Divorce State

Many clients call me and want to discuss the reasons as to why they want a divorce, and many of these reasons include wrongdoing by the other spouse.  I do listen and let them get these feelings off of their chest, however, my general response is that most of this is irrelevant, simply because Kansas is a no-fault divorce state.  Kansas grants divorces based upon the grounds of incompatibility, not fault.

While most people like that the fact that wrongdoing during is not going to be brought up during settlement negotiations or trial, some people find it is inequitable to not reward the “good” spouse.   However, fault can be considered when the court is dividing assets, if this fault has led to a dissipation of marital assets, but the focus is on the dissipation, not the activity described as fault.  Some instances of fault will also be considered when determining child custody, however the fault that will affect child custody is that of a criminal nature.

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