You can obtain an emergency divorce in Kansas pursuant to K.S.A. 60-1608. The request must be contained in the pleading or made by motion. Notice must be given to all persons not in default not less than seven days prior to the date of the hearing. An emergency divorce cannot be granted until the answer period has expired, unless waived by agreement of the parties. The answer period will either be 20 or 30 days depending on the type of service obtained on the respondent.
The judge has wide discretion in determining if an emergency exists. Sometimes parties do not want to wait 60 days. An emergency situation may exist in some domestic abuse cases. Public officials or those who need to leave the state immediately may want an emergency divorce. There may be a business or employment situation that may cause a financial crisis if there is a delay in obtaining the divorce.
To grant an emergency divorce, the judge must enter an order stating that an emergency exists, the nature of the emergency, the relevant evidence substantiating an emergency, and the names of the witnesses who testified as to the emergency. As such, you will need to present evidence to the court so the court can find these factors exist. Upon finding that an emergency exists, the divorce and all matters pertaining to it may be heard immediately.
Keep in mind that some district courts are more open to granting a emergency divorce than others. You might want to call your local courthouse and ask the clerk of the court what the practice has been of the local judge(s) in granting emergency divorces.
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