How Long Does a Divorce Take in Kansas

May 5, 2023 Amanda

How Long Does a Divorce Take in Kansas

Type of Divorce	Timeframe
Uncontested Divorce	Minimum of 60 days
Contested Divorce	Varies depending on the complexity of the case and court schedule. Typically takes 6-12 months or longer.
High-Asset Divorce	Varies depending on the complexity of the case. Typically takes longer due to the need for property valuation and division.
Collaborative Divorce	Varies depending on the amount of cooperation between the parties. Typically takes less time than a contested divorce.

Overview of Divorce Laws in Kansas

In the state of Kansas, divorce is referred to as “dissolution of marriage.” To file for a dissolution of marriage, at least one spouse must have been a resident of Kansas for 60 days prior to filing. Additionally, there are certain grounds that can be cited as reasons for divorce in Kansas:

Incompatibility
Failure to perform a marital duty
Incompatibility due to mental illness or mental incapacity
Extreme cruelty
Abandonment for one year or more

Kansas is an equitable distribution state, which means that property and assets acquired during the marriage will be divided fairly but not necessarily equally between spouses upon divorce. Spouses may also seek spousal support (also known as alimony) if they can prove financial need and/or inability to become self-sufficient after the divorce.

Grounds for Divorce in Kansas

If you’re considering filing for a dissolution of marriage in Kansas, it’s important to understand these different grounds and how they might apply to your situation. Consulting with an experienced family law attorney can help ensure that you file correctly and protect your rights throughout the process.

Residency Requirements for Divorce in Kansas

If you do not meet these residency requirements, your case may be dismissed or delayed until you are able to fulfill them. Additionally, if you and your spouse live in different states or countries, it’s important to consult with an attorney who is experienced in handling interstate and international divorces.

Waiting Period for Divorce in Kansas

The purpose of this waiting period is to allow spouses time to consider reconciliation and potentially work out their differences. However, if both parties agree that they do not wish to reconcile and are able to reach an agreement on all issues related to their divorce, such as property division, child custody and support, alimony and more; then it’s possible for them to finalize their divorce before the end of this 60-day waiting period.

Property Division in Kansas Divorce Cases

If you and your spouse are unable to agree on how to divide your assets and debts, a judge may need to intervene and make decisions for you. Consulting with an experienced family law attorney can help ensure that your rights are protected throughout this process.

Child Custody and Support in Kansas Divorce Cases

Kansas law requires both parents to financially support their children after divorce. The amount and duration of child support payments will depend on several factors, including:

The income and resources of each parent
The number and ages of children involved

In general, Kansas courts will follow state guidelines for calculating child support payments. However, there may be circumstances where these guidelines do not apply or need to be adjusted.

Filing for Divorce in Kansas

The length of time it takes to complete each step can vary depending on various factors such as how quickly both parties agree upon things like assets division etc. If there are complex financial situations involved or if one party is uncooperative, this could add more time onto each step listed above. It’s important to work closely with an experienced family law attorney who can help guide you through this process in order to protect yourself legally throughout every stage.

Steps for Filing for Divorce in Kansas

After these initial steps have been completed, there will be additional stages in the divorce process including attending hearings or mediation sessions and negotiating a settlement agreement. Working closely with an experienced family law attorney can help ensure that your rights are protected throughout every stage of your case.

Documents Required for Filing for Divorce in Kansas

In addition to these required documents, there may be other forms or affidavits specific to your case or county. It’s important to consult with an experienced family law attorney who can guide you through the process and ensure all necessary paperwork is completed accurately.

Filing Fees for Divorce in Kansas

It’s important to note that while it may seem tempting to cut costs by representing yourself during your divorce proceedings, this is not recommended unless both spouses are in complete agreement about all aspects of the divorce. An experienced family law attorney can help ensure that your rights are protected and that all necessary documents are filed correctly and on time.

Serving Divorce Papers in Kansas

If your spouse cannot be located or refuses to accept service of the divorce papers, it may be necessary to obtain a default judgment in order to move forward with the divorce. An experienced family law attorney can help guide you through this process and ensure that all legal requirements are met.

Contested and Uncontested Divorce Cases in Kansas

An uncontested divorce occurs when both spouses agree on all aspects of the divorce, including property division, spousal support, child custody and visitation, and other related issues. In an uncontested divorce case:

Both parties are in agreement with the terms of the divorce
The process is typically faster and less expensive than a contested case

A contested divorce occurs when one or more issues cannot be resolved through negotiation or mediation and must be decided by a judge. In a contested divorce case:

One party may not agree to certain aspects of the divorce
The process can take longer and be more expensive than an uncontested case

Differences Between Contested and Uncontested Divorce Cases in Kansas

Contested divorces typically take longer and cost more than uncontested divorces because they involve additional legal proceedings such as discovery, depositions, and hearings. If you’re considering filing for a dissolution of marriage in Kansas, it’s important to consult with an experienced family law attorney who can help you understand your options and protect your rights throughout the process.

Factors That Can Influence the Length of a Divorce Case in Kansas

In general, uncontested divorces where both parties have agreed upon all terms tend to be resolved more quickly than contested divorces with multiple issues in dispute. Additionally, working with experienced attorneys who are skilled at negotiating settlements outside of court can help expedite the process.

Alternative Dispute Resolution in Kansas Divorce Cases

Both mediation and collaborative divorce can save time and money compared to traditional litigation. They can also help preserve relationships between divorcing spouses by keeping communication open throughout the process. However, it’s important for each spouse to have their own attorney who can advise them on their rights and make sure any agreements reached are fair and enforceable under Kansas law.

Timeline for a Divorce Case in Kansas

In summary, the length of time it takes to complete a divorce in Kansas depends on many factors such as whether or not spouses can agree upon terms related to children-related issues like custody/visitation rights that affect how long things will ultimately drag out before being resolved via litigation proceedings before family courts; however consulting with an experienced family law attorney is highly recommended at every stage of the process so they help guide clients through each step along their journey towards finalizing their marital dissolutions smoothly without undue delays caused by unforeseen complications arising during negotiations over key disputes between parties involved in these cases where emotions run high due personal feelings intertwined into these matters affecting both sides’ desires/wishes concerning what outcomes should come from any legal actions taken against them

Average Time for a Divorce Case in Kansas

According to recent statistics from the Kansas Judicial Council, the average time for a divorce case to be resolved in Kansas is around 195 days (about 6 months) from filing to finalization. However, this timeline can fluctuate based on several factors that include:

The complexity of your financial situation and asset division
Whether you have minor children and how custody will be determined
If one spouse challenges the validity of prenuptial or postnuptial agreements
How quickly you are able to reach agreements through negotiation or mediation

In general, it’s important to understand that every divorce case is unique and there is no one-size-fits-all answer when it comes to predicting how long your own case may take. An experienced family law attorney can help guide you through the process and provide personalized advice about what steps you should take in order to achieve a timely resolution.

Factors That Can Affect the Timeline of a Divorce Case in Kansas

In general, an uncontested divorce where both parties agree on all issues can be completed more quickly than a contested one. However, even in an uncontested case, it’s important to follow all required legal procedures and timelines.

If you’re considering filing for divorce in Kansas, consulting with an experienced family law attorney can help ensure that you understand the process and have realistic expectations about how long it may take. Your attorney can also help identify potential roadblocks and work with you to develop a strategy for achieving your goals within a reasonable timeframe.

Options for Expediting a Divorce Case in Kansas

If you’re hoping to expedite your divorce case in Kansas, there are a few options available:

Filing for an uncontested divorce: If you and your spouse can agree on all major issues related to your divorce upfront, you may be eligible for an uncontested divorce. This process tends to be quicker and less expensive than contested divorces.
Mediation: Mediation is a process where both parties meet with a neutral third party mediator who helps them work out any disputes they have about their case. It’s often faster than going through the traditional court system.

In some cases, however, expediting a divorce may not be possible or advisable based on the specific facts involved in your case. Consulting with an experienced family law attorney can help you understand what options are available and develop a strategy tailored specifically for your needs.

Hiring a Divorce Lawyer in Kansas

Working with a skilled family law attorney can help ensure that your legal rights are protected throughout the divorce process. Your lawyer can provide guidance on issues such as property division, child custody, alimony, and more. Additionally, if your case goes to court, having a strong advocate by your side can help increase your chances of achieving a favorable outcome.

Benefits of Hiring a Divorce Lawyer in Kansas

Knowledge of state divorce laws: A skilled family law attorney will be intimately familiar with Kansas’s dissolution of marriage laws, including residency requirements, grounds for divorce, property division rules, and more.
Assistance with paperwork: Filing for a dissolution of marriage involves a significant amount of paperwork. An experienced lawyer can help you navigate this process and ensure that all documents are filed correctly and on time.
Legal representation during negotiations: Divorce negotiations can be emotionally charged and contentious. An attorney can serve as your legal advocate during these discussions, helping to protect your interests and negotiate favorable terms on your behalf.

If you’re considering filing for a dissolution of marriage in Kansas or have been served with divorce papers by your spouse, it’s important to seek legal guidance as soon as possible. A knowledgeable family law attorney can answer any questions you may have about the process and work tirelessly to ensure that you achieve the best possible outcome given your unique circumstances.

How to Find a Divorce Lawyer in Kansas

Once you have identified potential attorneys, it’s important to schedule consultations with each one to discuss your case and get a sense of their experience and approach. During these meetings, be sure to ask questions such as:

How long have you been practicing family law?
Have you handled cases similar to mine before?
What is your fee structure? Do you charge hourly or offer flat fees?
What is your communication style? How often will we be in contact during my case?

Selecting the right attorney can play a crucial role in the outcome of your divorce case, so take the time to do your research and choose wisely.

Questions to Ask a Divorce Lawyer in Kansas

What percentage of your practice is devoted to family law?
How many divorces have you handled in Kansas?
What are the potential outcomes of my case based on my specific circumstances?
What is your strategy for achieving those outcomes?
How will we communicate throughout the divorce process?

You may also want to ask about their fees and billing practices, as well as any relevant experience they have with cases similar to yours.

Conclusion

Some additional tips for navigating the divorce process in Kansas include:

Being open to negotiation and compromise when it comes to dividing property and assets
Keeping communication lines open with your spouse (if possible) to avoid unnecessary conflict and delays
Maintaining accurate financial records, especially if you plan on seeking spousal support or child support as part of the divorce settlement

Remember that getting a divorce is never easy, but taking steps to prepare yourself both emotionally and legally can help make the process smoother and less stressful. With patience, persistence, and guidance from a trusted legal professional, you can move forward into a brighter future after your marriage has ended.

Summary of Key Points on How Long Does a Divorce Take in Kansas

At least one spouse must have been a resident of Kansas for 60 days prior to filing.
Kansas is an equitable distribution state.
The grounds for divorce in Kansas include incompatibility, failure to perform marital duties, mental illness or incapacity, extreme cruelty, and abandonment.

If you’re considering filing for divorce in Kansas, it’s important to understand the laws and requirements that apply. Consulting with an experienced family law attorney can help ensure that you protect your rights throughout the process and achieve a fair outcome.

Tips for Navigating the Divorce Process in Kansas

By taking these steps, you may be able to reduce stress during this time while still ensuring a fair outcome for yourself throughout the divorce proceedings in Kansas.

Final Thoughts on Divorce Laws in Kansas.

Divorce is a difficult and emotional process, but understanding the laws in Kansas can help make the process smoother. Keep these final thoughts in mind as you navigate your divorce:

Kansas law requires a 60-day residency requirement for at least one spouse before filing for divorce
Grounds for divorce include incompatibility, failure to perform a marital duty, mental illness or incapacity, extreme cruelty, and abandonment
The state follows equitable distribution when dividing property and assets acquired during marriage
If you have questions about how these laws might apply to your situation, consult with an experienced family law attorney who can guide you through the process.

FAQ on ‘How Long Does a Divorce Take in Kansas’

Q: What is an uncontested divorce?

A: An uncontested divorce is one where both parties agree on all issues related to the divorce, including property division, child custody, and support. Because there are no disagreements that need to be resolved in court, an uncontested divorce can usually be completed much faster than a contested one.

Q: What is a contested divorce?

A: A contested divorce is one where the parties cannot agree on some or all of the issues related to the divorce. This may require a trial before a judge who will determine how these issues will be resolved. As a result, a contested divorce can take much longer than an uncontested one.

Q: Can I get divorced without going to court?

A: It may be possible to obtain an uncontested divorce without going to court if both parties are willing to sign all necessary documents and meet certain requirements. However, if any issues are disputed or if one party does not cooperate, it may be necessary to go to court.

Q: Can I speed up the process of getting divorced?

A: There are several things you can do to help speed up the process of getting divorced in Kansas. These include being prepared with all necessary documents and information, cooperating with your spouse as much as possible, and hiring an experienced divorce attorney who can help you navigate the process efficiently.