Sometimes people can think for months or even years about getting a divorce, yet when they make the decision to move ahead with a divorce they want it quick. They want a divorce now.
Kansas statute KS Statute 23-2708 states that an action for a divorce shall not be heard until 60 days after filing the petition UNLESS a judge declares there is an existence of an emergency.
In Kansas, it is possible to speed the process up by requesting an emergency divorce that requires both parties receive at least 7 days notice.
An example of possible grounds for an emergency divorce in Kansas might be:
- If one spouse was the victim of domestic abuse or similarily heightened circumstances
- One of the parties seek a divorce was having a health crisis documented by a physician or mental health professional
- …and more
So how fast is a quick divorce? In a perfect world, an emergency divorce in Kansas can be 7 days but rarely does.
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Emergency divorces are only possible if:
- both parties agree on all issues and the divorce is uncontested
- both parties agree to the emergency divorce
- documentation from a family doctor or mental health professional that states that an expedited divorce is necessary for the health and welfare of one of the parties requesting the emergency divorce (if applicable)
Kansas requires a 60 day waiting period for divorces that starts on the date that the petition is filed. This waiting period can be eliminated or waived if the judge grants the motion for an emergency divorce.
Divorces can be very emotional and the waiting period for divorces isn’t always a bad idea for the following reasons:
- Financial investigation: It allows both parties time to determine the extent of the marital assets and debts and to carefully consider how they need to be divided.
- Children: It allows time for both parties to decide important matters regarding the children; such as housing, childcare, visitation schedules, holidays, child support.
- …and much more.
Quick divorces like quick marriages are often regrettable and the 60 day waiting period is often good to allow both parties to adjust emotionally and make good decisions on restructuring their lives from married to single.
Contact RS Law if you have extenuating circumstances that won’t allow the standard 60 day waiting period for a divorce to discuss how you can move forward.