Are there any defenses to a divorce action?

In Kansas, the answer to the question of whether there are defenses to a divorce action depends on why the divorce is being sought. If the divorce is being sought due to the fault of one of the spouses, then one of the defenses they can use is that their spouse was not actually at fault. This can be argued in cases of alleged adultery or abandonment, for example. In the majority of divorce cases, a divorce is sought on the grounds of irreconcilable differences. In that case, there are no defenses available to either spouse. Kansas is a no-fault divorce state, meaning that neither spouse must prove that the other was at fault in order for the divorce to be granted. In no-fault cases, the spouses can come to an agreement about who is at fault but it does not affect the outcome of the divorce or influence any decisions the court may make about child custody or asset division. Another defense to a divorce action that may be available is if either spouse believes the marriage is not actually over. In that case, they must bring a separate legal action in family court in order to prove the marriage is still valid.

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Are there any defenses to a divorce action?

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