Kansas Waiting Period

In Kansas, there is a minimum 60-day waiting period from the time you file the Petition until the Court will grant a final divorce.  However, most divorces take longer than the 60-day time frame, and generally take from six months to over one year.  Of course, the time frame greatly differs on the parties, for instance, if the divorce is contested or not contested.

Time frame for an Uncontested Divorce in Kansas

1. File the Petition: The 60-day waiting period begins on the date the Petition is filed.  Usually, uncontested divorces can be finalized very soon after 60 days as there is only one court date required by the court, if any.

2. Settlement Agreement: After the Petition is filed, the parties then agree on the division of property, debts, assets and issues regarding the children, in a document called a settlement agreement.  The settlement agreement is signed by both parties, but not the Judge.

3. Divorce Decree: The agreements of the settlement agreement are memorialized in a Divorce Decree, which is presented to the Judge and is the document that is filed with the Court and deems the divorce final. The settlement agreement is usually attached to the Divorce Decree as an attachment. If the parties have minimal assets and no children, then a settlement agreement is not necessary and all issues can be determined through the divorce decree. 
   

Time frame for Contested Divorce in Kansas

A contested divorce is a much more lengthy process and can take years to finalize.  In my office, most contested divorces take at minimum six months.  While the courts in Johnson County prefer parties’ settle their issues through mediation or a settlement agreement, the Courts still have many divorce trials.  If a case is contested, it does not necessarily mean you will go to trial, however, your attorney will need to prepare your case as if it will go to trial. The preparation requires the parties’ attorney’s gain as much information as possible about the parties and this is done through discovery.  The process of discovery is often used in order to learn information about the parties’ financial information, property ownership and any other issue that may be in dispute between the parties.  It may also be necessary to issue subpoenas or take depositions of certain parties to attest to certain issues or facts in the case