Fed up with the family K, Humphries chooses an Annulment

By December 2, 2011Divorce

On behalf of The Marks Law Firm, L.L.C. posted in Divorce on Friday, December 2, 2011

It is hard to discuss anything these days in the family law realm without mentioning the most famous K family, the Kardashians. There is Kris, Kendall, Kylie, Khloe, Kourtney and the most recently talked about Kim. Her incredibly publicized wedding and quick divorce only 72 days later have led to a lot of discussion in the media.

On Oct. 31, 2011 Kim Kardashian filed for divorce from her husband Kris Humphries, an athlete in the National Basketball Association. Her husband has responded with a request of his own, that the couple’s marriage is annulled.

At times the difference between divorce and annulment are little known. The largest difference is that a divorce legally ends a legal marriage while an annulment says that the marriage never existed under the law. Another major difference is the burden of proof. An annulment must be requested on specific grounds, including bigamy, incapacity, inability to consummate the marriage, force and the one that Humphries is claiming, fraud.

A “marriage” that was based on one of the grounds is either void or voidable, depending on state law. For instance, a bigamous marriage is generally considered void under the eyes of the law. It could never be a valid marriage. A marriage based on incapacity is often considered voidable. If the spouse who was incapacitated at the time of the “I Do’s” later wishes to stay in the marriage when they have full capacity can choose to do so.

Humphries listed fraud as the basis for his annulment claiming that Kim falsely led him to believe that she was serious about the marriage. According to the NBA star, the reality star only wed him as a publicity ploy to boost the ratings of her family’s reality television series.

Humphries is not the only one suggesting that the marriage was a sham. The quick divorce and timing of the latest Kardashian television premier sparked controversy in the media. Anyone can speculate, but the family court judge will be the one who will determine whether the couple will proceed with a divorce or an annulment.

Source: USA Today, “Kris Humphries filed to annul on grounds of fraud,” Ann Oldenburg, Nov. 30, 2011