If you’re thinking about getting a divorce, chances are you have some questions about the process. One of the biggest questions we get in our office is “how long does it take to get a divorce?” We address that question today on our blog.
In the State of Kansas, it costs $195.00 to file a divorce. That is the clerk’s filing fee to accept your petition for divorce into the court system. Upon filing the petition for divorce, the petition must be on file for at least 60 days before the divorce may be granted. The 60 days is deemed a “cooling off period” in the State of Kansas, in order to make sure the filing party truly wants the divorce to be granted.
During the 60 day period, the opposing party will be served or given a waiver to sign and waive service of process occurring on them. Once the opposing party has been served or acknowledges service through their signed waiver, they are given time to respond. Either 21 days for an in-state resident, or 30 days for an out-of-state resident. The response is one that is filed with the clerk of the district court in the current open case. If the responding party fails to timely answer the petition, they are known to be in “default.” At that point, the filing party may be able to proceed without the responding party.
In the event the responding party timely answers the petition, they are then involved in the case and all further proceedings. Depending on the district court judge, the case may be set for a “status conference” which is essentially a “check-in” hearing. The judge may also want to set the case for a “pre-trial conference” which is an opportunity for the parties to inform the court of the outstanding issues in the case and estimate how long they believe a trial may take.
If the parties in the divorce have children, the court may require mediation to take place. Mediation is an opportunity for the parties to sit down with a neutral third party an attempt to reach an agreement on the custody matters relating to their children. In the event they are successful, the agreement is reduced to a writing and filed with the court. In the event they are unsuccessful, the court will then have the parties present their evidence on the matter.
When the judge finds it appropriate, the case will be set for final hearing or final trial. These terms are used synonymously and just mean that all outstanding matters in the case will be heard in their entirety and the judge in the case will make rulings on all matters.
The important thing to know is that a divorce case can be completely agreed on and no trial will be necessary. The parties can reach agreements relating to property and debt division and the judge will approve if the agreement is fair, just and equitable. The parties can also agree on all matters relating to custody and the judge will approve if the agreement is in the children’s best interests.
Our office looks forward to helping you in your divorce and relieve the stress that we know comes with the process.
Summer Ott Dierks