As an experienced divorce lawyer at BruegelPC, I understand that navigating the timeline of a divorce in Kansas can be overwhelming. Many clients ask me: “How long is this going to take?” The truth is, every divorce is unique, and the duration can vary widely depending on several factors. In this article, I’ll share real insights and practical tips to help you set realistic expectations and plan for your future.
As stated by Kansas Judicial Branch, a divorce in Kansas takes a minimum of 60 days from the filing date. This period can be longer if there are complexities or disputes involved. The process duration varies based on individual case specifics.
Average Time for Divorce in Kansas
In Kansas, the average timeframe for a divorce can fluctuate significantly, often taking as little as 30 days for uncontested cases or extending much longer for contested ones due to case complexity.
Fundamentally, a simpler version might look like this:
If both spouses agree on everything in a divorce, like child custody, dividing property, and support, the divorce can be finalized in about 60 days. But if there are disagreements, the process can take much longer – sometimes months or even years.
How long a divorce takes in Kansas depends on a few things. These include how many cases the court is handling, how quickly both spouses provide the needed documents and attend court, and any disputes that come up. Come to think of it, sometimes, mediation can help speed things up by resolving issues more quickly.
If you’re getting a divorce in Kansas, it’s a good idea to get help from an experienced family law attorney. They can guide you through the steps and help you understand what to do. By working with your lawyer and dealing with issues as they come up, you can make the divorce process smoother and faster.
Factors Affecting Kansas Divorce Duration
Factors influencing Kansas divorce duration greatly vary based on case specifics.
At its heart, how long a divorce takes depends on several things. It can be quicker if the couple agrees on key issues like child custody, dividing property, and spousal support. But if they disagree a lot or need to go to court, it can take much longer.
The complexity of the case also matters. If they have complex financial assets or difficult child custody issues, the process will likely be slower.
At the base, lastly, how willing both parties are to work together plays a big role. If both are open to negotiation and compromise, things will move faster. But if either side is unwilling to cooperate, it can cause delays.
Uncontested vs Contested Divorce Time Frames
As previously stated, uncontested divorces often finalize more quickly than contested ones.
Broadly speaking, in an uncontested divorce, both sides have already agreed on things like child custody, dividing property, and spousal support. This means there’s no need for long talks or court hearings, which speeds things up.
Conversely, contested divorces have disagreements that can drag out the process. These disputes might need mediation or court decisions to settle, causing delays. Let me explain, there could also be complicated issues that take more time to sort out, like financial problems or child custody fights.
The timeline for both uncontested and contested divorces can change based on things like how complex the issues are, how well the two sides cooperate, and how busy the court system is. Generally, uncontested divorces are faster because there aren’t any big disputes that need to be worked out in court.
Kansas Divorce Process Steps
As indicated at the outset in Kansas, the divorce process requires navigating through multiple legal steps, including filing a petition, serving papers, and attending hearings.
In general, first, one spouse needs to file a request for divorce with the court and give a copy to the other spouse. This request explains why the divorce is happening and any wishes for handling kids, money support, or splitting property.
Next, the other spouse must reply to the request within a set time. If both agree on everything, they can send a written agreement to the court for approval. If they disagree, the court may hold meetings to resolve these issues.
During the divorce, both spouses must share financial info to ensure fair division of assets and debts. At its simplest, they might also go through mediation to try and settle important matters.
Once everything is settled, either by agreement or court ruling, a final divorce decree is issued. This paper states the terms of the divorce, including custody, support, and property division.
After the decree is issued, both spouses must follow its terms. This might mean transferring property, paying support, or sticking to a custody schedule. Not following the terms can lead to court actions.
Legal Waiting Period for Kansas Divorce
As you may recall in Kansas, couples must wait a mandatory 60 days before a divorce can be finalized.
Generally speaking, once you file for divorce in Kansas, you have to wait at least 60 days before the court can finalize it. This waiting period aims to give both spouses time to think about their decision and possibly reconcile.
Essentially, sometimes, if both agree and the court finds a good reason, this waiting period can be skipped. However, usually, the 60-day wait is mandatory. It’s important for anyone getting a divorce in Kansas to know about this waiting period and plan for it.
In the End
Looking again at what we discussed, in conclusion, the timeline for a divorce in Kansas can vary depending on the circumstances of the case.
What BruegelPC is supporting the idea of is, generally, an uncontested divorce may take around 60-75 days to finalize, while a contested divorce can take much longer due to court proceedings and negotiations.
It is advisable to consult with a legal professional to understand the specific timeline for your individual situation.