Uncontested vs. Contested Divorce in Kansas: Simplified Procedures and Mandatory Steps

By the FigureMyTax Editorial Team · How we calculate

In Kansas an uncontested and a contested divorce share the 60-day residence rule and the 60-day wait before a hearing. The judge can shorten the wait only by an emergency order, and temporary orders can be made while the case is pending.

What is the same in an uncontested and a contested Kansas divorce?

The residence rule and the 60 days. An action for divorce shall not be heard until 60 days after the filing of the petition unless the judge declares an emergency (K.S.A. 23-2708). The Kansas divorce timeline calculator gives the same earliest hearing date for both.

Item	Agreed (uncontested)	Disputed (contested)
Residence	60 days before filing	60 days before filing
Hearing	Not until 60 days after filing, unless an emergency is declared	Not until 60 days after filing, unless an emergency is declared
Temporary orders	Possible	Possible, including restraining orders and temporary custody and support
Separation agreement	Incorporated in the decree if valid, just and equitable	Not applicable; the court decides
Custody terms	Agreed parenting plan, subject to the court’s control	Proposed parenting plans; best interests decide

How does the emergency exception work in Kansas?

The judge may enter an order declaring the existence of an emergency, stating its precise nature, the substance of the evidence and the names of the witnesses; unless the parties agree, a request is not heard before the time to answer has run, and unless waived, notice of the hearing goes to all parties not in default at least seven days ahead. On a finding of emergency, the divorce and all issues may be heard immediately (23-2708).

What can the court order while the case is pending in Kansas?

After the petition is filed and until final judgment, the judge may order that the parties jointly be restrained from disposing of property, not molest each other, and follow temporary orders for legal custody, residency, parenting time and support; require mediation on custody, property and parenting issues; provide for attorney fees; and require an investigation by court service officers (23-2707(a)). Ex parte orders cannot change a child’s residency from the parent who has had sole de facto residency without sworn testimony of extraordinary circumstances (23-2707(b)).

Can the court require marriage counseling in Kansas?

After the answer is filed, the court may, on its own motion or either party’s, require both parties to seek marriage counseling if services are available in the judicial district; no one has to use a religious organization’s counseling of a particular denomination (23-2710).

How is an agreement handled in Kansas?

A separation agreement the court finds valid, just and equitable is incorporated in the decree, but its provisions on custody, residency, parenting time, support or education of minor children remain subject to the court’s control, and its other provisions cannot be modified later except as the agreement prescribes or the parties consent (23-2712).

Can the court investigate before deciding in Kansas?

Yes. During the case the judge may require an investigation by court service officers into any issue in the action, and may require each parent to sign releases so both can obtain information from the child’s health insurance provider (23-2707(a)(6)-(7)).

What changes in a contested Kansas divorce?

The court decides what the spouses cannot settle: property under 23-2802, support and custody on the child’s best interests. See the Kansas property division calculator and the Kansas parenting time calculator.

Frequently asked questions

Does an uncontested divorce skip the Kansas 60 days?

No. A divorce is not heard until 60 days after filing, unless the judge declares an emergency.

Can a Kansas court order support while the divorce is pending?

Yes. It may make temporary orders on custody, residency, parenting time and support.

Does Kansas require marriage counseling?

Not by default; the court may require it after the answer is filed if services are available.

Can a Kansas separation agreement be changed later?

Matters other than the children generally cannot be modified unless the agreement allows it or the parties consent.

Does Kansas use mediation?

The court may require mediation on custody, residency, property and parenting time during the case.

Official sources

Going through a divorce or custody case in Kansas?

A local family law attorney can review your situation — many offer a free consultation.

Talk to a Kansas attorney

This is general information, not legal advice. It is based on the cited Kansas statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Kansas attorney.