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No Fault Divorces May No Longer Be An Option For Couples

By Joel Hardy

02/12/2014

(KAIR)--Couples seeking a quick and easy divorce in Kansas may have a hard time getting one. A bill was introduced in the Kansas house last week that is designed to clean up Kansas law by requiring couples to work through their problems instead of having the quick out of a no fault divorce. Robert Campbell, an Atchison divorce attorney says that with a no fault divorce, a spouse can file a petition with the court stating that the couple is incompatible with each other. It only takes one spouse to testify on this incompatibility and that the marriage is broken. In the case of a fault divorce, which means a spouse has to prove their partner has failed to fulfill a marital obligation.

Campbell says that marital obligation isn't even defined, so it mostly comes down to one spouse not being interested in sex, or is not loving or comforting enough. Or it could come to acusations of one spouse being unfaithful to the other.

The bill, if passed, would take away incompatibility as grounds for divorce.
State Representative Keith Esau, an Olathe Republican who is backing the bill, says this is not an example of government overreach since the state provides benefits to married couples, so couples should not enter in the institution of marriage lightly.

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