Kansas Statutes Annotated

K.S.A. § 23-2701 (2026)

Grounds for divorce or separate maintenance

✓ current as of May 2026

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23-2701. Grounds for divorce or separate maintenance. (a) The district court shall grant a decree of divorce or separate maintenance for any of the following grounds: (1) Incompatibility; (2) failure to perform a material marital duty or obligation; or (3) incompatibility by reason of mental illness or mental incapacity of one or both spouses.

(b) The ground of incompatibility by reason of mental illness or mental incapacity of one or both spouses shall require a finding of either: (1) Confinement of the spouse in an institution by reason of mental illness for a period of two years, which confinement need not be continuous; or (2) an adjudication of mental illness or mental incapacity of the spouse by a court of competent jurisdiction while the spouse is confined in an institution by reason of mental illness. In either case, there must be a finding by at least two of three physicians, appointed by the court before which the action is pending, that the mentally ill or mentally incapacitated spouse has a poor prognosis for recovery from the mental illness or mental incapacity, based upon general knowledge available at the time. A decree granted on the ground of incompatibility by reason of mental illness or mental incapacity of one or both spouses shall not relieve a party from contributing to the support and maintenance of the mentally ill or mentally incapacitated spouse. If both spouses are confined to institutions because of mental illness or mental incapacity, the guardian of either spouse may file a petition for divorce and the court may grant the divorce on the ground of incompatibility by reason of mental illness or mental incapacity.

History: L. 1963, ch. 303, 60-1601; L. 1965, ch. 354, § 14; L. 1967, ch. 327, § 1; L. 1969, ch. 286, § 1; L. 1982, ch. 152, § 1; January 1, 1983.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 2012–2024 · leading case: In re Marriage of Williams, 417 P.3d 1033 (Kan. 2018).

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In re Marriage of Williams, 417 P.3d 1033 (Kan. 2018). “shall divide the ... personal property of the parties, including any retirement and pension plans .”

In re the Marriage of Traster, 291 P.3d 494 (Kan. Ct. App. 2012). “60-1610, which was in effect when the parties executed their postmarital agreement and when David filed for divorce.”

T.N.Y. ex rel. Z.H. v. E.Y., 360 P.3d 433 (Kan. Ct. App. 2015). “See K.S.A. 2014 Supp. 23-2701 et seq. On the other hand, Article 22 of Chapter 23—which is not mentioned in K.”

St. Catherine Hosp. v. Alvarez, 383 P.3d 184 (Kan. Ct. App. 2016). · cites it 2× “See K.S.A. 23-2701; In re Marriage of Sommers, 246 Kan.”

In re Marriage of Towle & LeGare, 439 P.3d 327 (Kan. Ct. App. 2019). “But unlike a divorce, an action for separate maintenance does not terminate the marriage but allows the parties to live separate and apart. Like in a divorce, in a separate maintenance action, the court may order or the parties may agree to determine property and inheritance…”

Frost v. Kansas Dept. for Child. & Families (Kan. Ct. App. 2021). “Under that statute, a court may grant grandparents and stepparents visitation rights "[i]n an action under article 27 of chapter 23 of the Kansas Statutes Annotated.”

In re Marriage of Elfgren & Hendrickson (Kan. Ct. App. 2024). “See K.S.A. 23-2701 et seq.; K.S.A. 23-2801 et seq.”

In re T.N.Y. (Kan. Ct. App. 2015). “See K.S.A. 2014 Supp. 23-2701 et seq. On the other hand, Article 22 of Chapter 23—which is not mentioned in K.”

— K.S.A. § 23-2701(a)(2) — 1 case

St. Catherine Hosp. v. Alvarez, 383 P.3d 184 (Kan. Ct. App. 2016). “See K.S.A. 23-2701; In re Marriage of Sommers, 246 Kan.”

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