Within how many days wait before is a divorce petition heard?

Full question:

I was gonna file for divorce tomorrow, but now I need to go to N.Y. for a month for a project. How long does it take before Kansas courts hear a divorce petition? Do they have a time frame or something in this regard?

• Category: Divorce
• Date: 04/07/2025
• State: Kansas

Answer:

Yes, the courts do have a time frame within which they hear divorce petitions. Generally, the courts do not hear a divorce petition until 60 days have passed from the date when the petition was filed.

K.S.A. § 23-2708 -
 

“An action for divorce shall not be heard until 60 days after the filing of the petition unless the judge enters an order declaring the existence of an emergency, stating the precise nature of the emergency, the substance of the evidence material to the emergency and the names of the witnesses who gave the evidence. A request for an order declaring the existence of an emergency may be contained in a pleading or made by motion. Unless otherwise agreed by the parties, a request for the declaration of an emergency shall not be heard prior to the expiration of the time permitted for the filing of an answer. Unless waived, notice of the hearing requesting the declaration of an emergency shall be given to all parties not in default not less than seven days prior to the date of the hearing. Upon a finding that an emergency exists, the divorce and all issues pertaining thereto may be heard immediately.”