Kansas Divorce Timeline: 60-Day Wait Explained

If you're considering divorce in Kansas, one of your first questions is likely: "How long will this take?" The answer depends on whether your divorce is contested or uncontested, but every Kansas divorce faces a mandatory 60-day waiting period from filing to finalization—no exceptions, except in rare emergency situations. Before you file, make sure you have everything ready with our comprehensive Kansas divorce filing checklist.

In this comprehensive guide, we'll walk you through the Kansas divorce timeline, explain the 60-day waiting period, compare uncontested vs. contested divorce timelines, cover filing fees and requirements, and share practical strategies to move your case along as efficiently as possible.

The 60-Day Waiting Period: Kansas's Core Requirement

Kansas law mandates that no divorce can be finalized until at least 60 days have passed since the date you filed your petition. This is codified in K.S.A. 23-2708, which states that your case cannot be heard or granted until day 61—even if both spouses have already signed a complete settlement agreement.

Why does Kansas impose this waiting period? The legislature designed it as a "cooling-off" period, giving couples time to reconsider, attempt reconciliation, or at least ensure that the decision to divorce is final. In practice, it also provides time for service of process, financial disclosures, and temporary orders if needed.

Emergency Waivers: In limited circumstances, a judge may waive the 60-day wait if there is a documented emergency. However, the court must issue a written order stating the specific facts, evidence, and witness testimony that justify the waiver. These waivers are granted sparingly and typically require compelling reasons such as imminent harm or extraordinary circumstances.

How does Kansas compare to other states? The 60-day waiting period places Kansas in the moderate category:

• Nevada: No waiting period at all—you can finalize your divorce immediately after meeting the 6-week residency requirement.
• Arkansas: Requires 18 months of continuous separation before granting a no-fault divorce—the longest in the nation.
• Mississippi: 60-day waiting period (same as Kansas) plus mutual consent for no-fault divorce.
• Kansas: Mandatory 60 days, but no separation requirement and no mutual consent needed—if one spouse wants the divorce, it will be granted.

How Long Does Divorce Take in Kansas? Uncontested vs. Contested

The 60-day waiting period is just the statutory minimum. The actual time it takes to complete your divorce depends heavily on whether your case is uncontested or contested.

Uncontested Divorce: 60-90 Days

An uncontested divorce occurs when both spouses agree on all major issues—property division, debt allocation, child custody and parenting time (if applicable), child support, and spousal maintenance. In Kansas, uncontested divorces are the fastest and least expensive option.

Typical timeline for an uncontested Kansas divorce:

1. Day 1: File your verified petition, Domestic Relations Affidavit (DRA), and other required forms with the district court in your county.
2. Days 1-7: Serve your spouse (or have them sign a Voluntary Entry of Appearance to waive formal service).
3. Days 7-60: Wait for the mandatory 60-day period to expire. During this time, you can finalize your separation agreement and parenting plan.
4. Day 61+: Attend a brief "prove-up" hearing (often by affidavit in simple cases) or submit your decree for the judge's signature.
5. Days 65-90: Decree of Divorce is signed and filed, making your divorce final.

Total time: 60 to 90 days from filing to finalization. If you and your spouse have already negotiated terms before filing, your case may wrap up as soon as the 60-day wait expires.

Cost for uncontested divorce: Expect to pay the $195-$200 filing fee (varies by county) plus minimal attorney fees if you hire limited-scope representation to draft your agreement and handle the paperwork. Many uncontested divorces in Kansas cost under $1,500 total when couples use online filing services or handle paperwork themselves.

Contested Divorce: 9-18 Months (or Longer)

A contested divorce means you and your spouse disagree on one or more significant issues—custody, child support, spousal maintenance, or how to divide property and debts. Kansas law provides robust procedures for litigating these disputes, but the process takes considerably longer.

Typical timeline for a contested Kansas divorce:

1. Month 1: File petition; serve spouse; spouse files answer and potentially a counterclaim.
2. Months 1-3: Temporary orders hearing to establish interim custody, support, and property use. Courts may require parent education classes and mediation.
3. Months 3-8: Discovery phase—exchange of financial documents, depositions, business valuations, custody evaluations, and expert reports.
4. Months 8-10: Court-ordered mediation or domestic conciliation to attempt settlement.
5. Months 10-12: If no settlement, pretrial conference and final trial preparation.
6. Months 12-14: Trial (may be continued if custody evaluations or valuations are delayed).
7. Months 14-18: Judge issues findings of fact and final decree.

Total time: 9 to 18 months is typical for contested divorces with moderate complexity. High-conflict custody battles, complex property divisions (business valuations, pension QDROs), or cases requiring multiple expert witnesses can stretch beyond 18 months.

Cost for contested divorce: Filing fees remain $195-$200, but attorney fees add up quickly. Expect $5,000 to $15,000+ in legal fees for a contested divorce, plus additional costs for mediators ($300-$800), appraisals ($500-$3,500), custody evaluations ($2,000-$5,000), and other expert fees. The court may allocate costs and attorney fees between the parties based on financial circumstances and conduct.

Kansas Divorce Requirements and Process

To file for divorce in Kansas, you must meet several procedural requirements. Here's what you need to know:

Residency Requirement

Either you or your spouse must have been an actual resident of Kansas for at least 60 days immediately before filing. Military members and their spouses stationed at a U.S. post in Kansas also meet this requirement after 60 days. See K.S.A. 23-2703 for the statutory language.

Grounds for Divorce

Kansas allows no-fault divorce based on incompatibility—the most common and simplest ground. "Incompatibility" means the spouses are no longer compatible and cannot continue the marriage. You do not need to prove wrongdoing or fault. If one spouse requests a divorce for incompatibility, Kansas law requires the court to grant it.

Kansas also recognizes fault-based grounds (failure to perform a material marital duty, or incompatibility due to mental illness), but these are rarely used in modern practice because they complicate the case without offering significant advantages.

Venue: Where to File

You may file in the district court of the county where:

• You actually reside at the time of filing,
• Your spouse resides or can be served, or
• If you're a Kansas-stationed service member, any county adjacent to your military post.

The court can change venue if convenience or justice warrants.

Service of Process

After filing, you must serve your spouse with a copy of the petition and summons. Options include:

• Sheriff or process server: Personal service; costs $15 per process in Kansas.
• Certified mail or priority delivery: Return receipt required showing who accepted delivery, where, and when.
• Voluntary Entry of Appearance: Your spouse can sign this Kansas Judicial Council form to waive formal service—the simplest and cheapest option for uncontested cases.
• Service by publication: If your spouse is out of state or cannot be located with due diligence, you may seek court permission to publish notice in a newspaper for three consecutive weeks.

Required Forms

Kansas requires specific forms and disclosures, which vary slightly depending on whether you have minor children:

With minor children:

• Verified Petition for Divorce
• Domestic Relations Affidavit (DRA) listing income, expenses, assets, and debts
• Child Support Worksheet (using the current Kansas Child Support Guidelines)
• UCCJEA information (5-year child address history and disclosure of custody proceedings)
• Proposed Temporary Parenting Plan (if seeking interim custody orders)
• Kansas Payment Center enrollment form
• Vital Statistics—Divorce Worksheet for the state registrar

Without minor children:

• Verified Petition for Divorce
• Domestic Relations Affidavit (DRA)
• Vital Statistics—Divorce Worksheet

The Kansas Judicial Council provides free, fillable packets for both "Divorce With Minor Children" and "Divorce Without Minor Children," including all necessary forms and instructions.

Cost to File for Divorce in Kansas

Understanding the financial costs upfront helps you budget for your divorce. Here's a breakdown of Kansas divorce filing fees and related costs:

Filing Fees (Docket Fees)

The statewide base docket fee for a civil divorce case in Kansas is $173, as established by K.S.A. 60-2001. However, most counties add local surcharges and law library fees, bringing the total to approximately $195 to $200:

• Johnson County: $196.50 (includes $1.50 law library fee and a $22 surcharge)
• Leavenworth County: $195
• Sedgwick County: Approximately $195-$198

Always check your local district court's website for the current fee schedule, as surcharges and add-ons can change.

Service Fees

Sheriff service: $15 per process (one fee covers multiple papers for the same person at the same time). If your spouse signs a Voluntary Entry of Appearance, you avoid this fee entirely.

Publication service: Fees vary by newspaper; contact your county clerk for the legal-notice contact and current rates (typically $100-$300 for three weeks of publication).

Additional Costs

• Parent education classes: Locally set; Johnson County's "Parents Forever" courses run $50-$75 per parent.
• Mediation: $300-$800+ depending on hours and provider; courts may allocate costs.
• Appraisals and valuations: Home appraisal ($400-$600), business valuation ($2,000-$5,000+), custody evaluation ($2,000-$5,000+).
• Attorney fees: Hourly rates in Kansas range from $150-$400+ per hour. Uncontested cases with limited attorney involvement may cost $500-$1,500; contested divorces often run $5,000-$15,000+.

Fee Waivers for Low-Income Filers

If you cannot afford the filing fee, you may file a Poverty Affidavit (also called an "in forma pauperis" application). If the court grants your request, you won't have to pay any court costs or fees. This option is especially helpful for individuals with limited income or significant financial hardship.

Calculate Your Kansas Divorce Costs

Use our free calculator to estimate the total cost of your Kansas divorce, including filing fees, attorney fees, mediation, and other expenses based on your specific situation:

How to Speed Up Your Kansas Divorce

While you cannot bypass the 60-day waiting period (except in rare emergencies), you can take steps to ensure your divorce proceeds as quickly as possible once the wait is over and save money on your divorce. Here are practical strategies:

1. File Complete and Accurate Paperwork

Errors, missing forms, or incomplete disclosures will cause the court to reject your filing or delay hearings. Use the Kansas Judicial Council's official packets and double-check every form before filing.

2. Reach a Settlement Agreement Before Filing

If you and your spouse can negotiate terms in advance—property division, debt allocation, custody, and support—your divorce can be finalized as soon as the 60-day wait expires. Consider working with a mediator or collaborative attorney to draft a comprehensive separation agreement.

3. Use Voluntary Entry of Appearance

Have your spouse sign a Voluntary Entry of Appearance to waive formal service. This eliminates the time and cost of sheriff service and speeds up the process.

4. Consider Mediation Early

If you anticipate disputes over custody or property, schedule mediation early. Many Kansas courts require mediation before trial anyway, and resolving issues through mediation is faster and cheaper than litigation.

5. Hire an Attorney for Contested Cases

If your case is contested, an experienced Kansas divorce attorney can navigate the process efficiently, avoid procedural pitfalls, and advocate for your interests. While attorney fees add to the upfront cost, they often save time and money in the long run by preventing mistakes and delays.

6. Be Prepared for Your Hearing

Have all required documents ready—DRA, child support worksheets, parenting plans, and proposed decree. If the judge has questions or missing information, your case may be continued to a later date.

Frequently Asked Questions: Kansas Divorce Timeline

Can the 60-day waiting period be waived in Kansas?

Yes, but only in rare emergency situations. A judge must issue a written order stating the specific facts, evidence, and witnesses that justify waiving the wait. Emergency waivers are granted sparingly and typically require compelling reasons such as imminent harm or extraordinary circumstances.

What's the fastest I can get divorced in Kansas?

The absolute fastest is 60 days from filing, assuming you have an uncontested case, complete paperwork, and immediate service. In practice, most uncontested divorces finalize in 60 to 90 days.

How long does an uncontested divorce take in Kansas?

Typically 60 to 90 days from filing to finalization. The 60-day waiting period accounts for most of this time; the remainder is administrative processing and scheduling a brief hearing or decree review.

What makes a Kansas divorce take longer?

Contested issues (custody, property division, support), discovery disputes, custody evaluations, business valuations, high-conflict litigation, and scheduling delays all extend the timeline. Contested divorces in Kansas typically take 9 to 18 months, and complex cases can exceed two years.

Do I have to live in Kansas to file for divorce?

Either you or your spouse must have been a Kansas resident for at least 60 days immediately before filing. Military members and spouses stationed in Kansas also qualify after 60 days.

How much does it cost to file for divorce in Kansas?

The filing fee is $195 to $200 in most counties ($173 base fee plus local surcharges). Additional costs include sheriff service ($15), mediation ($300-$800), attorney fees ($500-$15,000+ depending on complexity), and other expenses like appraisals or custody evaluations.

Comparison: Kansas vs. Other States

How does Kansas's divorce timeline compare to neighboring and notable states?

• Nevada: No waiting period. Once you establish 6 weeks of residency, you can finalize your divorce immediately—making it the fastest in the U.S.
• Arkansas: Requires 18 months of continuous separation for no-fault divorce—the longest mandatory timeline in the nation.
• Mississippi: 60-day waiting period (same as Kansas) but requires mutual consent for no-fault divorce based on irreconcilable differences.
• Kansas: 60-day waiting period, no separation requirement, and no mutual consent needed—a balanced, moderate timeline.

Take Control of Your Kansas Divorce Timeline

Navigating a Kansas divorce can feel overwhelming, but understanding the timeline and requirements gives you control over the process. Whether your divorce is uncontested (60-90 days) or contested (9-18 months), knowing what to expect helps you plan financially, emotionally, and logistically.

Key takeaways:

• Kansas's mandatory 60-day waiting period applies to all divorces, with rare exceptions for emergencies.
• Uncontested divorces finalize in 60-90 days and cost $200-$1,500 total.
• Contested divorces take 9-18 months (or longer) and can cost $5,000-$15,000+ in attorney fees.
• Filing fees are approximately $195-$200 in most Kansas counties.
• You can speed up the process by filing complete paperwork, reaching a settlement agreement, using voluntary entry of appearance, and considering early mediation.