In Re the Marriage of Sommers

I concur in the result reached by the majority. I dissent from syllabus paragraphs two and three and from the associated portions of the opinion.

Under the facts of the instant case the alleged ground for the divorce was “incompatibility.” K.S.A. 60-1601(a)(l). “Failure to perform a material marital duty or obligation,” the only remaining “fault” ground, is not an issue in this case. K.S.A. 60-1601(a)(2). I agree that fault should not have been considered.

My disagreement with the majority arises from the following observations in the opinion:

“We conclude that in domestic relations actions it…