It’s been three months since Kim Kardashian and Kanye West announced their pregnancy. We noted in a prior post that the upcoming baby creates an intriguing legal scenario considering that Kardashian is still married to Brooklyn Nets forward Kris Humprhies. Their divorce case is (surprisingly) still going. Both parties are at odds over how the marriage should be ended.
According to Kardashian, a divorce should be entered since the marital relationship is irretrievably broken. However, Humphries believes that the marriage was based on fraud and should be annulled. Specifically, he contends that Kim knew that the marriage was simply a rouse to promote her show “Keeping Up With the Kardashians” and that she did not intend to marry him at all.
An annulment is different from a divorce in that an annulment indicates that the marriage was never valid. This could have an effect on what could be deemed marital property. Essentially, if the marriage never existed, the income (or property) the couple accumulated during their time together would not be part of the marital estate to be divided.
Besides fraud, there are several other basis to seek an annulment, including duress, mental illness or insanity, intoxication (inability to consent), and bigamy.
In the meantime, the legal gamesmanship continues in the Kardashian-Humphries affair. Humprhies was reportedly a no-show for a mandatory settlement conference last week. The court has issued an Order to Show Cause and has set a hearing to hear arguments regarding his absence, and to determine whether sanctions will be issued.
Nevertheless, a decision will be made soon, as a trial on the matter is scheduled for May 6th.
Source: ABC News.com, Kim Kardashian at divorce hearing that Kris Humphries skipped, April 12, 2013