Divorce is often seen as a long and stressful process, but that does not need to be the case.
If both parties are on the same page and wish to move on, there is an option for an uncontested divorce, also known as an agreed divorce, when both spouses mutually consent to all terms, taking away the stress and lengthy divorce proceedings that are often common.
When you and your partner are considering an uncontested divorce in Kansas or Missouri, you’re likely looking for clarity, simplicity, and a timeline that won’t drag out for months or years.
Thankfully, this is very possible, as an uncontested divorce is often the fastest and most straightforward way to end a marriage legally.
What is an Uncontested Divorce?
An uncontested divorce is one where both spouses are on the same page, agreeing on major issues, such as asset division, child custody, parenting time, spousal maintenance, and the general terms of separation. There is no courtroom battle, no drawn-out litigation, and no waiting for a third party to resolve disputes.
An uncontested divorce allows you and your spouse to submit the agreed-upon plan to the court for approval, making the divorce process faster, more affordable, and less emotionally draining than a normal contested divorce. The costs and money spent are typically much lower compared to a contested divorce.
At Drama-Free Divorce, we partner with clients who are on the same page and ready to take the next steps in an uncontested divorce, ensuring a simplified journey for everyone.
Preparation and Documentation for an Uncontested Divorce
Before you file any divorce papers, both you and your spouse should gather all the financial information needed to complete the required family law forms.
This includes details about income, bank accounts, debts, retirement accounts, and any other assets or liabilities. Having all the details organized will help you and your attorney fill out the necessary legal forms accurately and efficiently.
The divorce process typically starts with the petitioner filing the divorce papers with the court in the appropriate county. These papers usually include a petition for divorce and a summons, which must then be served to the respondent, then both parties must sign the documents.
Here’s a quick overview of the typical steps involved in preparing for an uncontested divorce:
- Gather all financial information and documentation.
- Work with your spouse to reach a comprehensive settlement agreement.
- Complete all required family law forms, including those related to property, support, and children.
- File the divorce papers with the court and pay the filing fee.
- Serve the respondent with the necessary documents.
- Submit your signed settlement agreement and any required parenting plans to the court.
- Attend a final hearing if required, or wait for the court to review and approve your agreement.
Careful documentation, open communication, and a partnership with a divorce attorney will help you avoid unnecessary delays and ensure that your divorce case is resolved fairly, allowing you to move forward with confidence.
How Long Does an Uncontested Divorce Take in Kansas?
Whether your divorce is uncontested or contested, the shortest legal waiting period in Kansas is a 60-day mandatory waiting period, starting from the date the petition is filed.
Fortunately, if the divorce is contested and all the documentation and paperwork are complete and correct, many couples can finalize their divorce in just a few months, depending on court processing times.
Additionally, Kansas does not require a final hearing if both parties agree and the papers are correct, which could lead to a no-courtroom divorce.
Key Timeline Factors in Kansas
- The 60-Day Mandatory Waiting Period
- The Quickness of Paperwork Between Both Parties
- The County Court’s Availability
How Long Does an Uncontested Divorce Take in Missouri?
In Missouri, while there is no mandatory waiting period after filing, it is common that courts will not finalize a divorce until at least 30 days have passed. For uncontested divorce cases, the timeline can be a few months, depending on when the documents are signed.
Additionally, a court appearance is often not required in Missouri, especially if doing an uncontested divorce and partnering with firms like Drama-Free Divorce.
Key Timeline Factors in Missouri
- The Minimum 30-Day Processing Period
- The Quickness of Paperwork Between Both Parties
- The County Court’s Availability
What is the Average Timeline for an Average Divorce?
In contrast, an average divorce can take several months or even over a year to finalize, depending on how complicated the issues are and how cooperative both spouses are throughout the process.
Contested divorces, those involving disagreements over property, maintenance, child custody, and assets, are often more complicated and will likely require court appearances, negotiations, discovery, and possibly a trial, causing the divorce to take 12 to 18 months or longer to resolve. These complicated cases also tend to increase the overall costs due to additional legal work and court fees.
Even in an uncontested divorce, the timeline can vary depending on the legal system. Court schedules, mandatory waiting periods, required mediation, and judge availability can all play a role in determining a divorce timeline.
An ideal route to a shorter divorce timeline is an uncontested divorce, when partnered with a firm like Drama-Free Divorce.
Factors That Affect the Timeline for Uncontested Divorce
Multiple factors can affect the timeline of a divorce, whether it is contested or uncontested.
One of the most common causes of a delay in a divorce is incomplete or inaccurate paperwork. Courts will require specific forms to be completed correctly, and even the most minor of errors can slow down the divorce process.
If paperwork is incomplete, parties can expect additional delays as the court may require corrections or resubmissions before moving forward. In the same vein, if one spouse takes longer to review or sign documents, the timeline can extend.
Additionally, court availability can affect the timeline of a divorce. This could happen in both Kansas and Missouri. Some courts process filings more quickly than others, depending on the workload, staffing, and the time of year. A court’s availability can be an unknown variable in a divorce, so careful preparation and attention to detail can help avoid problems in the future.
Can You Speed Up an Uncontested Divorce?
Speed is always the question when it comes to divorce. While state-mandated waiting periods cannot be skipped, there are ways to keep an uncontested divorce moving. If both spouses are in agreement, they can decide to proceed quickly, making the process more efficient.
If you want to ensure a smooth and relatively fast process, it can be important to start with clear agreements between you and your spouse. The more aligned you are on important terms such as custody, maintenance, and assets, the faster the process can take.
Additionally, it is important to remain responsive throughout the process. If you are prompt with completing forms, reviewing documents, and signing paperwork, you can avoid unnecessary pauses in the divorce process.
Then, working with a divorce law firm that specialises in uncontested divorce cases, such as Drama-Free Divorce, can help reduce delays and ensure the divorce process moves properly. Getting answers to your questions quickly can also help you avoid unnecessary delays and keep the process on track.
When Should You Start the Divorce Process?
Deciding when to start the divorce process is a very personal decision. Many will delay the start of a divorce because they are waiting for the “right” time, but there isn’t one.
In reality, an uncontested divorce is often best started when both spouses are already on the same page and ready to move on from this chapter, even if everything else doesn’t seem to fit perfectly. When starting the process, you can expect to go through several steps, including filing paperwork, waiting for court approval, and possibly attending brief hearings, depending on your situation.
Starting the process early can give you time to understand the steps, ask questions, and make informed decisions without the need to rush. If you’ve already been thinking about divorce or have had the conversation and know it is the next step, beginning the process can be the best decision.
Uncontested divorces are likely to take a shorter amount of time, but it can vary per client. If you want to learn more about your own divorce timeline, contact the team at Drama-Free Divorce. If you have questions about your specific situation or timeline, it’s a good idea to speak to a professional for guidance.