How Long Does It Take To Get a Divorce in Kansas?

Getting a divorce is never an easy process. It involves legal procedures, paperwork, and a considerable amount of time and effort. If you are considering filing for divorce in Kansas, it is essential to understand the timeline and requirements involved. Here is a guide on how long it typically takes to get a divorce in Kansas and answers to some frequently asked questions.

In Kansas, the time it takes to get a divorce varies depending on several factors, including the complexity of the case, the cooperation of both parties, and the court’s caseload. On average, an uncontested divorce can take approximately two to three months from the date of filing to finalization. However, contested divorces, which involve disputes over child custody, property division, or spousal support, can take significantly longer, often lasting several months or even years.

To give you a better understanding, here are some common questions people ask about the divorce process in Kansas:

1. What are the residency requirements for filing a divorce in Kansas?
To file for divorce in Kansas, either you or your spouse must have been a resident of the state for at least 60 days before filing.

2. What are the grounds for divorce in Kansas?
Kansas is a no-fault divorce state, meaning you do not need to prove any wrongdoing by your spouse. The only grounds for divorce are incompatibility or failure to reconcile due to irreconcilable differences.

3. How long does it take to finalize an uncontested divorce?
If both parties agree on all issues, an uncontested divorce can be finalized in as little as 60 days after filing.

4. What is the waiting period for a divorce in Kansas?
Kansas law requires a 60-day waiting period from the date of filing before a divorce can be finalized.

5. Can I get a divorce without going to court?
In some cases, yes. If both parties can reach a settlement agreement on all issues, it is possible to obtain a divorce without going to court.

6. How long does a contested divorce take?
Contested divorces can take considerably longer, often lasting several months or even years, depending on the complexity of the issues involved and the court’s schedule.

7. Can I get a divorce if my spouse does not want one?
Yes, you can still get a divorce even if your spouse does not want one. Kansas law allows for divorce even if one party is opposed to it.

8. How is property divided in a divorce in Kansas?
Kansas follows equitable distribution, meaning the court will divide marital property in a fair and just manner, considering factors such as each spouse’s contribution and financial circumstances.

9. How is child custody determined in a divorce?
The court’s primary focus in determining child custody is the best interests of the child. Factors such as the child’s relationship with each parent, their physical and emotional needs, and the ability of each parent to provide care are considered.

Divorce can be emotionally and financially challenging, but having a clear understanding of the process can help you navigate it more smoothly. It is advisable to consult with an experienced family law attorney who can guide you through the legal requirements and ensure your rights are protected during this difficult time.