No divorce is easy to go through, and many couples want to make the process as fast as possible to limit the emotional, mental, and financial strain on themselves and their family. Unfortunately, there’s no way to guarantee a fast divorce process. However, several factors can generally result in a shorter divorce process. One of these is the help of an experienced Topeka divorce attorney, who can protect your rights while also making the process more efficient.
Every divorce is unique, and many factors can affect how long it takes. However, there are specific issues that commonly lengthen the process of getting a divorce, such as contention between spouses or a couple having children.
Basic Waiting Periods in a Kansas Divorce
To get a divorce in Kansas, you or your spouse must meet the state’s residency requirements. These are:
- One of you must have been an actual resident for a minimum of 60 days before filing.
- One of you has been stationed at or resided in a military post or reservation in the state for 60 days prior to filing.
For many couples, this does not affect their ability to file. However, if neither of you meet the requirements, you must wait to file until you do. This can lengthen your divorce. Additionally, there is a waiting period in Kansas of 60 days from the date the petition of dissolution was filed to the date the divorce can be finalized. There are some emergency situations where this waiting period can be waived.
Because of this, it could take as long as 120 days before you are able to have a finalized divorce. However, there are many issues that can prevent you from getting the divorce finalized as soon as the waiting periods are up. Understanding what can complicate a divorce can help you prepare yourself.
What Factors Can Complicate and Lengthen Divorce Proceedings?
There are many unique aspects of a couple’s divorce that can make it take longer than the waiting period requires. Factors that influence the length of the divorce process include:
Contested or Uncontested Divorce
One of the biggest factors that influence the divorce process is whether it is uncontested or contested. In an uncontested divorce, spouses agree on the main aspects of their separation agreement, such as spousal support, child custody, and the division of property. Although they may need to negotiate and determine the specifics, the large decisions are agreed on.
In a contested divorce, spouses do not agree on all these aspects. In some cases, they can still negotiate a separation agreement, although it will take more time and effort than an uncontested negotiation. In other cases, spouses must take their case to litigation. A litigated divorce will take significantly longer and be more expensive.
Spousal Conflict
Whether spouses are able to work together and cooperate in negotiations will also affect how long the process takes. If spouses cannot be amicable or communicate, it is more likely that the divorce will have to be litigated.
Child-Related Orders
If a couple has minor children, this will make a divorce more complicated. It increases the number of issues that need to be negotiated in a separation agreement or in court. Parents must create a detailed parenting plan, even if they agree on a custody arrangement, and then that plan must be approved by the court.
Complex or High-Value Assets
Property division is an aspect of nearly every divorce. Both separate and marital assets are relevant to determining a fair split of marital property, so they must be valued. If a couple has complex assets, like owning a business or high-value assets, this process will take longer and likely require professional help.
Court Availability
Depending on the court you file in, your divorce can be affected by how busy the court is. For negotiated divorces, court availability is likely only important for the final approval of the agreement. For litigated divorce, however, the court’s availability impacts the divorce more significantly. Couples must schedule multiple court dates based on the court’s ability to hold those hearings.
FAQs
Q: How Long Does the Average Divorce Take in Kansas?
A: The average amount of time a divorce takes in Kansas varies significantly based on the unique situation, although there is a minimum waiting period of 60 days except in emergency circumstances. Because of this, couples can typically expect to have to wait at least those 60 days, but many divorces take longer if the spouses need to negotiate or litigate their divorce. Negotiations are often shorter than litigated divorces, but they still take time, especially if there are complex issues in the divorce.
Q: Is Kansas a 50/50 Divorce State?
A: No, Kansas is not a 50/50 divorce state but an equitable distribution state. If the divorce court is responsible for the division of assets and debts, it will do so based on what is just and reasonable. Although the court could decide that a 50/50 split is reasonable, this is often not the case. Some of the factors that the court will use to determine a fair split of property include:
- The age of each spouse
- How long the couple was married
- Each spouse’s separate property
Q: What Is the Fastest Way to Get a Divorce in Kansas?
A: The fastest way to get a divorce in Kansas is through an uncontested divorce handled through alternative dispute resolution. An uncontested divorce occurs when spouses agree on all aspects of their separation agreement. Once they have negotiated the finer details of their agreement, they can submit that agreement to the court.
As long as the court determines it to be fair to both spouses and any aspects involving children are in the children’s interests, it will approve the agreement. The divorce is finalized 60 days after the petition was made.
Q: How Long After a Divorce Can You Remarry in Kansas?
A: In Kansas, you can remarry once the divorce decree is finalized. There is no waiting period once a divorce decree is finalized, as there is in some other states. Any marriage before the decree is finalized is voidable. The divorce decree can be finalized a minimum of 60 days after the divorce petition is filed, but it can take longer. Divorce negotiations may take longer to create an agreement, and divorce litigation can take even longer.
Getting an Efficient Divorce in Topeka
If you want to determine how long your unique divorce is likely to take, contact Stange Law Firm.
