One of the first questions clients ask when they start considering divorce is how long the divorce process will take from start to finish. They expect a cut-and-dry answer, and while there are averages, each divorce is different.
Divorce timelines can vary depending on where you live, if there are children involved (with the age of the child and the parent-child relationship affecting custody decisions), the complexity of your case, if you have high-value assets such as a pension or other property, or if the divorce is going to be contested or uncontested. The time period required for separation before an absolute divorce can be granted may also affect the process, as some states require a specific waiting period.
When you can understand what influences the length of a divorce, including whether one or both spouses are involved, if one spouse filed first, or if the other party contests the case, you can better prepare and possibly shave off some time.
No matter your divorce case, partnering with a divorce attorney can ensure you are taking the right steps from the start, including gathering information, filing the necessary forms and divorce papers, and addressing issues that may arise during the court case.
Divorce Timelines in Kansas and Missouri
Divorce timelines can vary depending on where you reside. Both Kansas and Missouri have a mandatory waiting period, which is the legally required time period that must pass before a court order for divorce can be issued.
For example, in Missouri, the minimum waiting period is 30 days from the date the divorce petition is filed. This is 30 days from when you serve your spouse. After this time period, if all requirements are met, the court may issue a final divorce decree or absolute divorce, officially ending the marriage.
Then, in Kansas, the waiting period for a divorce is 60 days. These are the earliest points at which a divorce can be finalized, but courts do not guarantee that the process will take only 30 to 60 days.
Many will find that divorce timelines extend beyond the minimum waiting period when children, property division, or financial support must be resolved. To obtain a divorce decree, parties must file the necessary forms and other documents, and may need to pay court fees before the court issues a final court order. Ultimately, courts require time to ensure agreements are legally sound and fair.
Uncontested vs. Contested Divorce Timelines
A divorce timeline will also vary depending on whether the divorce is contested or uncontested.
An uncontested divorce is where both spouses have already agreed upon the significant issues that come with divorce and are on the same page about the process of parting. When this is the case, the divorce can often be resolved much sooner once the waiting period has passed because there are no prolonged negotiations or court involvement.
On the other hand, a contested divorce could take significantly longer. A contested divorce is one in which one or both spouses disagree on topics such as custody, parenting time, spousal maintenance, or asset division. If one or both spouses cannot reach an agreement, the court case may require a judge to decide unresolved issues between the parties.
The court may address issues such as property division, child custody, and support, and in some cases, one party may need to prove their claims against the other party. The judge’s decision allows the parties to obtain a final resolution.
How Child Custody Impacts the Length of Divorce
When a divorce involves children, it will typically take more time due to the court’s obligation to prioritize the best interests of the child and the possible negotiation needed between the spouses.
The child’s age and each parent’s involvement can influence custody decisions. During this time, parenting plans, child support, and custody services must all be evaluated and approved.
However, if parents agree on custody and support terms early, the divorce process could move more efficiently and a tad faster. No matter the divorce, custody disputes, evaluations, and hearings are all very common in divorces that include children, and a divorce attorney can ensure issues are resolved without unnecessary conflict or lengthening timelines.
There may also be legal questions about custody and support that need to be resolved during the divorce process.
High-Asset Divorce and Property Division Timelines
When divorces involve significant assets, the divorce timeline might take longer than expected.
If there are high-value assets or a significant number of assets involved in a divorce, it should be expected that it could take a bit longer to complete, given the need for accurate valuation and financial transparency.
These assets could involve business interests, investment accounts, real estate holdings, retirement assets, or other property acquired during the marriage, such as a pension, which may be subject to division in the divorce process.
When the financial picture is complex, the divorce might be too, as it takes time to reach a fair and equitable resolution. Courts may also award rehabilitative alimony to help a spouse with a lesser earning capacity become self-sufficient after the divorce.
When asset division is rushed, mistakes and regrets can be made. It is essential to take the time to go through the details with a divorce attorney.
Factors That Can Delay a Divorce Case
A divorce timeline is specific to each divorce and the parties within it. There are many factors that could slow the divorce process in Kansas and Missouri.
These factors could include:
- Lack of Coordination Between Spouses
- Incomplete Financial Disclosures
- Disputes Over Parenting Arrangements
- Court Scheduling Delays
- A Lack of Transparency Over Assets
There are some unavoidable delays in a divorce, whether due to court scheduling or otherwise, but many of them can be minimized with early preparation, clear communication, and an experienced divorce attorney.
Delays can also occur if divorce papers are not properly filed, or if parties fail to obtain required documents or pay court fees, which can slow the court case.
Can a Divorce Be Finalized Faster?
There are situations where a divorce could move more quickly than the rest. However, this is only when both parties are prepared, cooperative, and realistic about the outcomes. Additionally, if you promptly file all required forms and pay the necessary court fees, you may obtain a court order for divorce more quickly.
At the end of the day, speed should not come at the expense of fairness or long-term stability. A divorce deserves a certain amount of attention and time to ensure the outcomes are fair to everyone involved. Remember, you are not legally divorced until the court issues a final divorce decree or absolute divorce.
What to Expect When Starting the Divorce Process
Many clients expect a divorce to move fast immediately after filing, but it can be different for everyone. When starting the divorce process, you should gather information and necessary documents, such as financial records and legal paperwork, before proceeding. You should also ensure you have the right support and guidance at step one, and that means partnering with a divorce attorney.
If you are considering divorce in Kansas or Missouri, understanding the divorce timeline is the first step in regaining control and confidence. The court case begins when one spouse files the required forms and divorce papers with the court. Parties may also choose the mediation process to address issues and make their own decisions, rather than relying on the court to obtain a resolution.
If you have further questions or are ready to start the divorce process, contact the team at 816-307-9752.