How to Bypass the 60-Day Waiting Period in a Kansas Divorce
Kansas law requires a mandatory 60-day waiting period after filing for divorce. However, a judge can waive this wait in true emergencies, such as severe financial crises or extreme health emergencies.
Understanding the Mandatory Waiting Period in Kansas
In Kansas, getting a divorce is not an overnight process. Even if you and your spouse agree on absolutely everything, state law forces you to slow down. According to Kan. Stat. Ann. § 23-2708, a judge cannot grant a decree of divorce until at least 60 days have passed since the initial petition was filed. The state designed this cooling-off period to give couples time to reconcile or carefully consider their settlement. For residents of Topeka, Lawrence, and Kansas City, this wait is standard procedure. However, the law does include a safety valve for exceptional circumstances. If waiting two months will cause severe harm, you can file a formal motion asking the court to declare an emergency. You can find an experienced local lawyer in our directory to help you argue your case for a waiver.
Step-by-Step Process for Requesting an Emergency Waiver
Judges do not grant waivers simply because you are eager to move on. You must present clear, compelling evidence that the 60-day delay constitutes an emergency. This involves filing a specific motion at your local court, such as the Shawnee County District Court, Topeka, and formally testifying before a judge.
Financial Emergencies and Foreclosure
One of the most common reasons a judge might waive the waiting period is an impending financial disaster. If the marital home is facing active foreclosure, or if a bankruptcy filing is jeopardizing marital assets, a 60-day wait could destroy both spouses' credit. If finalizing the divorce allows one spouse to immediately refinance the home and save the property, the court may agree that waiting is unreasonable. Your attorney will need to submit financial documents, bank notices, and a formal Motion for Declaration of Emergency pursuant to Kan. Stat. Ann. § 23-2708 to prove the urgency.
Severe Health Crises
Health emergencies can also trigger a waiver under Kansas law. If one spouse has a terminal illness and needs the divorce finalized to manage estate planning or separate medical debt, courts are generally empathetic. Additionally, if the stress of the unresolved marriage is causing documented, severe psychiatric distress, a judge might step in. You must provide sworn affidavits or letters from medical professionals to substantiate these claims, as the judge will require solid proof before bypassing Kan. Stat. Ann. § 23-2708.
Abandonment and Relocation Challenges
Sometimes, life opportunities cannot wait 60 days. If a spouse is offered a critical out-of-state job, military deployment, or needs to relocate to care for a dying relative, the court may view this as an emergency. This is especially true if the other spouse has completely abandoned the family and cannot be located. If the missing spouse's absence stalls the ability to sell a home or sign a new lease out of state, the judge at the Douglas County District Court, Lawrence may grant the waiver so the responsible spouse can move forward with their life.
How Much Does it Cost to Request a Waiver?
Filing an emergency motion adds extra legal steps to your divorce, which can impact your overall costs. In Kansas, you can expect the following expenses:
- Court Filing Fees: The base divorce filing fee is roughly $195. Filing an emergency motion usually doesn't incur a new fee, but check local rules.
- Lawyer Fees (Motion Preparation): Drafting the emergency motion and appearing at the special hearing can add $500 to $1,500 to your legal bill.
- Process Server Fees: If you need to serve the emergency motion quickly, expedited service can cost $75 to $150.
How Long Does a Waived Process Take?
If the judge denies your waiver, you must wait the standard 60 days. Under Kan. Stat. Ann. § 23-2708, an emergency request generally cannot be heard before the 21-day period for filing an answer expires under Kan. Stat. Ann. § 60-212(a), and parties must receive at least 7 days' notice of the hearing. Finalizing a divorce in fewer than 21 days is only legally possible if the respondent signs a Voluntary Entry of Appearance and explicitly waives both the answer period and the 7-day hearing notice in writing.
Frequently Asked Questions (FAQ)
Will a judge waive the wait if we just want it over quickly?
No. Both spouses simply agreeing that they want the divorce finished fast does not qualify as an emergency under Kansas law. You must prove actual financial, medical, or logistical harm.
Can domestic violence qualify as an emergency?
While domestic violence is extremely serious, victims generally seek immediate protection through a Protection from Abuse (PFA) order rather than expediting the divorce decree itself. However, ongoing danger can be a factor a judge considers.
What form do I file to ask for the waiver?
Kansas does not have a standardized state court form for waiving the waiting period. Under Kan. Stat. Ann. § 23-2708, your attorney must draft an individualized Motion for Declaration of Emergency setting forth the specific factual grounds, the supporting evidence, and the names of witnesses who will testify.
Does my spouse have to agree to the waiver?
It is much easier if your spouse agrees. If they contest the waiver, the judge will hold a hearing where you must strongly prove that the emergency exists despite their objections.
No reviews yet. Be the first to share your experience!