The average divorce in Kansas takes about four to five months from start to finish.
Checkout this video:
Kansas Divorce Process
In Kansas, the court may take up to 120 days from the filing date to grant a divorce. This is the earliest a divorce can be granted, but it may take longer if the court is backlogged or if there are issues to be resolved.
Filing for divorce
In order to file for divorce in Kansas, at least one spouse must have resided in the state for at least 60 days prior to filing. Once the divorce petition is filed, the non-filing spouse has 20 days to respond. If they do not respond within that time frame, the divorce will be granted by default.
If both spouses agree on the terms of the divorce, they can sign a settlement agreement and submit it to the court for approval. Once approved, the court will issue a divorce decree that finalizes the terms of the divorce. This process can take as little as 30 days from start to finish.
If the spouses do not agree on the terms of the divorce, they will need to go through mediation or trial. The mediation process can take several months to complete, and a trial can take even longer. Once a decision is reached, the court will issue a divorce decree that finalizes the terms of the divorce.
Service of process
In order to get divorced in Kansas, one spouse must begin the process by filing a petition for divorce with the district court in the county where they live. The other spouse must be “served” with this petition, which means that they must be given legal notice of the proceedings. This is typically done by a sheriff’s deputy or a professional process server.
Once the petition has been served, the other spouse has 30 days to file a response with the court. If they do not respond within this timeframe, the court may grant a default divorce, which means that the divorce will be granted without any input from the non-responding spouse.
If both spouses do respond to the divorce petition, then they will need to attend a mediation hearing within 60 days of the initial filing. At this hearing, a mediator will try to help them reach an agreement on all of the issues related to their divorce, such as child custody, property division, and alimony. If they are able to reach an agreement at mediation, they will sign a divorce settlement agreement outlining all of the terms of their agreement. This agreement will then be submitted to the court for approval.
If spouses are not able to reach an agreement at mediation, then their case will go to trial, and a judge will make decisions on all of the outstanding issues in their divorce. The entire divorce process can take several months to complete, from start to finish.
Temporary orders
After you file for divorce in Kansas, the court may issue temporary orders to be in effect until your divorce is final. You or your spouse can request a hearing for temporary orders by filing a Motion for Temporary Orders. The Motion must explain what relief you are requesting and the grounds (reasons) why you believe the court should grant your request. If there are minor children involved in the divorce, the Motion must also explain why such orders are in the best interests of the children. The court can grant any type of relief that is necessary to protect you or your spouse’s rights and interests pending a final divorce decree. Examples of common relief requested in a Motion for Temporary Orders include:
-1. Allowing one spouse to remain in the marital home;
-2. Establishing child custody and visitation arrangements;
-3. Requiring one spouse to pay child support or spousal support (alimony);
-4. Granting one spouse exclusive use of a vehicle;
-5. Restraining either spouse from selling or dissipating (wasting) marital assets; and
-6. Requiring either spouse to maintain existing health insurance coverage for the benefit of the other spouse or minor children.
Discovery
Discovery is the process by which each party to a divorce gathers information about the other party. The purpose of discovery is to allow each party to know as much as possible about the other party’s finances, property, and income before entering into settlement negotiations or going to trial.
In a divorce, there are two types of discovery: written discovery and oral discovery. Written discovery includes requests for production of documents and interrogatories (written questions that must be answered under oath). Oral discovery includes depositions (oral testimony given under oath) and oral examinations (questions asked of a witness in open court).
The length of time it takes to complete discovery varies from case to case, but it is typically several months. In some cases, it may take longer if there are complex issues involved or if the parties are unable to agree on a Schedule for Discovery.
Pretrial conference
A pretrial conference is a meeting held between the attorneys and the judge or a magistrate. The purpose of the pretrial conference is to determine how the case will proceed. The attorneys may discuss such things as:
-Settlement
-Pending motions
-Discovery issues
-Witnesses
-Trial date
Trial
If you cannot come to an agreement on all the issues in your divorce through negotiation, mediation, or some other form of alternative dispute resolution, then your divorce will proceed to trial. At trial, a judge will hear from both sides and decide the issues in your case.
The length of time it takes to get a divorce in Kansas depends on whether you have an uncontested or contested divorce. An uncontested divorce is one where you and your spouse agree on all the terms of the divorce, including property division, child custody, child support, and alimony. If you have an uncontested divorce, the process is generally much faster than a contested divorce.
A contested divorce is one where you and your spouse cannot agree on one or more terms of the divorce. Contested divorces can be very time-consuming and expensive. If you have a contested divorce, it is important to speak with an experienced Kansas divorce attorney who can help you navigate the process and protect your rights.
Kansas Divorce Laws
In Kansas, the average divorce takes about four to five months to complete. This includes the mandatory waiting period of 60 days after filing. If you and your spouse can reach an agreement on all terms of the divorce, it may be finalized sooner. Otherwise, the divorce may take longer if there are disputed issues that need to be resolved.
Residency requirements
In order to file for divorce in Kansas, at least one person involved in the divorce must have lived in the state for at least 60 days. Once the divorce petition is filed, there is a mandatory waiting period of 60 days before the divorce can be finalized.
No-fault divorce
In Kansas, either spouse may file for divorce on the grounds of “incompatibility,” meaning that the marriage is irretrievably broken and there is little or no hope of reconciliation. A no-fault divorce may be granted even if one spouse does not want the divorce. Kansas law requires that the couple be separated for 60 days before a divorce may be granted on these grounds.
Fault divorce
In order to obtain a fault divorce in Kansas, one spouse must prove that the other spouse is at fault for the breakup of the marriage. The grounds for fault divorce in Kansas include:
-Impotence
-Inability to have children
-Abandonment
-Adultery
-Conviction of a felony
– Extreme cruelty
Child custody
Fathers have the same rights as mothers in Kansas when it comes to child custody, and there is no legal presumption in favor of either parent. In making a child custody determination, the court must consider all relevant factors, including:
-The best interests of the child
-The wishes of the child’s parents
-The child’s adjustment to home, school and community life
-The mental and physical health of all individuals involved
In some cases, it may be in the best interests of the child to have joint legal and physical custody, meaning that both parents would share decision-making authority and the child would live with each parent for part of the time. The court will always seek to make a child custody determination that is in the best interests of the child.
Child support
In Kansas, both parents are legally obligated to support their children financially. The amount of child support one parent pays to the other is typically decided by the court and is based on a number of factors, including each parent’s income, the number of children, and the amount of time each child spends with each parent.
If you are going through a divorce in Kansas, it is important to understand how child support will be decided and how long it will take to finalize the payments. An experienced Kansas divorce lawyer can help you understand your rights and options when it comes to child support.
Alimony
In Kansas, the court may order one spouse to pay alimony (spousal support) to the other. The purpose of alimony is to help a spouse who has been divorced and has a limited ability to become self-supporting. The duration and amount of alimony payments are decided on a case-by-case basis by the court.
There are two types of alimony in Kansas: temporary and permanent. Temporary alimony is paid during the divorce proceedings, while permanent alimony is paid after the divorce is final. The court will consider many factors when deciding whether to award alimony, including:
-The length of the marriage
-The financial needs of each spouse
-The ability of each spouse to earn an income
-The standard of living established during the marriage
-The age and health of each spouse
-The contributions of each spouse to the education or earning power of the other spouse
-The child custody arrangement
How long does a divorce take in Kansas?
A divorce can take anywhere from a few months to a few years, depending on the case. In Kansas, the average divorce takes about 10 months to complete. However, if there are children involved, the divorce process can take longer.
The divorce process
The divorce process in Kansas can take a minimum of 60 days. Once the divorce papers are filed with the court, a judge will review the paperwork and make a decision on whether to grant the divorce. If the judge grants the divorce, the couple will be legally divorced and will no longer be married.
Kansas divorce laws
Kansas divorce laws are fairly straightforward. A divorce can be finalized as soon as 60 days after filing, provided there are no minor children involved and the couple agrees on all terms of the divorce. If there are minor children involved, the divorce must be finalized within 90 days.
Factors that affect the length of a divorce
There are many factors that affect the length of a divorce, including the complexity of the issues involved, the willingness of the parties to cooperate, and the discretion of the judge. In Kansas, a divorce can take anywhere from a few weeks to several months.
