How Long Does it Take for a Divorce in Kansas

By Heather Frances J.D.

Divorce cases can vary from quick and smooth when spouses agree to long and difficult when they don’t. A Kansas divorce can take anywhere from two months for an uncontested case to a year or more for a contested case. If you and your spouse can reach agreement on most of the terms of your divorce, the process will usually be quicker and less expensive.

Waiting Period

Kansas has a 60-day waiting period before a court can grant a divorce. Even if your divorce is uncontested and you have a signed settlement agreement before you file, your divorce cannot be granted until 60 days have passed from the date you filed your divorce petition. The court can grant a divorce sooner than 60 days only if you or your spouse can prove to the court that an emergency requires the divorce to be completed sooner than 60 days.

Contested Divorce

If your divorce is contested because you and your spouse disagree on at least one term of the divorce, your spouse has about 20 days after being served with the divorce papers in which to file an answer to your petition with the court. You and your spouse may pursue “discovery,” the process of getting access to information to help you present your case. Written discovery typically involves sending a written list of questions or request for documents to your spouse and waiting for a response, and the time discovery will take depends heavily on the complexity of the case. However, sometimes discovery is not necessary since both sides know all the facts already.

Divorce is never easy, but we can help. Learn More

Temporary Orders

Kansas courts have authority to grant temporary orders to govern the conduct of the spouses and address any marital issues, such as child custody and support, until the divorce is final. Either spouse can file a request for temporary orders and the request may be served at the same time you file your initial divorce petition. Courts often grant requests for temporary orders without a hearing, but the court must hear motions for modification of temporary orders within 14 days of a spouse’s request to have an order modified.

Mediation

If you and your spouse agree on a parenting plan regarding custody of your children, the court will likely adopt that plan as long as it appears to be in the best interests of the children. If you cannot agree, the court will order mediation since custody mediation is mandatory in Kansas when children are involved. Mediation will take some time to schedule and attend, depending on the availability of the spouses and mediator.

Trial

If you and your spouse do not reach a marital settlement agreement that addresses all issues in your divorce, your case must go to trial so the judge can hear arguments and receive evidence from both sides before reaching a decision. In Kansas, trials involve a pretrial conference to discuss settlement; a trial date is scheduled for after the conference in the event you and your spouse still cannot reach agreement. The timing for your trial depends on how busy the court is and how quickly the trial can be scheduled.

Divorce is never easy, but we can help. Learn More
Do You Have to Go to Court When Divorce Is Final in Tennessee?
 

References

Related articles

Reasons to Request a Continuance on a Divorce Hearing in Texas

In Texas, the divorce process can require several hearings. When any one of them is scheduled, you might find that you're not ready to proceed at that time. You can ask the court for a continuance -- a legal term for a postponement. However, the court may or may not grant one, depending on how far along you are in the divorce process.

How Soon Can I Get a Divorce After a Spouse is Served in Texas?

As in most states, how quickly you can get a Texas divorce depends on how complicated your divorce is, not how much time passes after you serve your spouse with the necessary divorce paperwork. Texas imposes a waiting period, but if you and your spouse have no property or children, or if you agree on every aspect of how you're going to end your marriage, you could be divorced a day after the waiting period ends. If you can't reach an agreement, your divorce will take much longer.

How Long Until a Divorce Is Final in Florida?

Although many couples want to finalize their divorces as fast as possible, couples in Florida cannot avoid the mandatory waiting periods and other requirements for divorce. The length of time is dependent on whether you can agree to the terms of the divorce with your spouse and whether or not you qualify for a simplified divorce. No matter the route you choose, you may only file for divorce in Florida if you or your spouse has lived in the state for at least six months prior to filing.

Get Divorced Online

Related articles

How Long Does the Divorce Process Take After the Deposition in Virginia?

Your depositions -- formal statements, either oral or written, that carry the same importance as testimony in court -- ...

Default Judgments in Kansas in a Divorce

By the time you get ready to file for divorce, you and your spouse may not be getting along well enough to cooperate ...

The Waiting Period Between a Divorce Filing & a Hearing in Kansas

If you or your spouse has lived in Kansas for the previous 60 days, you are eligible to file for divorce in the state. ...

Time That it Takes to Finalize a Divorce in New Jersey

Filing for divorce can be a stressful and emotional process. Therefore, knowing how long you can expect your divorce ...

Browse by category
Ready to Begin? GET STARTED