Overland Park Divorce Attorney answers: Does it matter who is at fault for the divorce?


Does adultery or fault matter for divorce cases? In the state of Kansas, the answer is generally no. Kansas is a no fault state, which means that only one party has to allege irreconcilable differences in order to have a divorce. That being said fault does come into consideration on a small number of cases when there is evidence of significant abuse or dissipation of marital assets. Dissipation of marital assets means that one party has spent a significant amount of money on perhaps gambling, perhaps another party and it does take into consideration when you are dividing the assets and debts if you have that alleged fault. That being said, judges rarely use it and it is only on a case by case basis whether fault will be awarded in your case.


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