What is a no-fault divorce?

A no-fault divorce is a type of divorce that occurs when neither party is held legally responsible for the dissolution of the marriage. Unlike other types of divorce, a no-fault divorce does not require proof of misconduct or fault in the other party, such as adultery or abandonment. A no-fault divorce is often sought when both parties agree to the dissolution of the marriage, have no remaining issues to settle, and are ready to move ahead with their lives. In the state of Kansas, a no-fault divorce can be granted if the couple has been living apart for more than one year or if they have irreconcilable differences that have resulted in the marriage becoming untenable. In either case, the filing spouse must affirm in writing to the court that the marriage is irretrievably broken. No other proof or testimony is required in order to obtain a no-fault divorce in Kansas. If either party wishes to contest the no-fault divorce, they must provide proof of misconduct of the other party or offer other evidence to show that a fault-based divorce is more appropriate in the circumstances. Without such evidence, the court is likely to grant the no-fault divorce. Once the divorce is granted, the couple is legally free to move forward with their lives.

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