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Trial Announced in Kardashian—Humphries Separation

April 29, 2013 | Posted In Family Law - Divorce

A May court date has been set in Los Angeles for the divorce proceedings between Kim Kardashian and Kris Humphries. Kardashian, who is expecting a baby with Kanye West in July, filed for divorce from Humphries in October, less than four months after their extravagant wedding aired on E! Entertainment Television. Brooklyn Nets' NBA player Humphries countered by asking for an annulment, claiming that Kardashian only married him to increase ratings for her reality show "Keeping Up With the Kardashians."

Kardashian's short marriage to Humphries was her second, and the reality television star is now involved with rapper Kanye West. She has denied Humphries' allegations, and has pushed forward with the divorce proceedings, in hopes that she may be out of court by the time her baby is due. Humphries' divorce attorney requested that the trial be delayed until basketball season is over, but a Superior Court judge dismissed the request, citing other cases in which working men seeking annulments had to take off from their jobs in order to attend their trials.

Family lawyers in New Jersey expect that the trial will delve into all aspects of Kardashian and Humphries' marriage, including the unrevealed details of the Kardashians' reality shows. Humphries' attorneys hope to obtain more than 13,000 hours of footage from the show in order to help their case. Delving into the couple's relationship, both on- and off-camera, could reveal Kardashian's alleged motives for marrying Humphries, and the validity of their brief relationship. It may also highlight the different requirements for an annulment as opposed to those required for a divorce.

In New Jersey, both a divorce and an annulment can end a marriage, but an annulment legally reverses the marriage, making it null in the eyes of the state. Family lawyers stipulate a few general reasons that people seek an annulment rather than filing for divorce. In some religions, a church or religious body will not recognize a legal divorce, and only allows a second marriage if the first has been annulled. Separating couples may also wish to stay away from a perceived social stigma associated with a divorce, or avoid financial obligations such as alimony that typically accompany a divorce.

New Jersey family attorneys say that an annulment requires "fraud or material misrepresentation to the essentials of the marriage relationship," and that a spouse seeking an annulment must prove that he or she was lied to or deceived when entering into a marriage. If one spouse is unaware that the other partner is already legally married, or is impotent, the state recognizes a cause for an annulment. Spouses who are threatened or coerced, physically or mentally unable, or too young to consent to the union, or involved in an incestuous relationship can also seek an annulment, on the grounds that the marriage is not valid under state law.

In order to proceed with his request for annulment, Humphries will have to prove to the courts that Kardashian entered into a marriage with him for fradulent reasons—TV ratings and entertainment value. The family lawyers at New Jersey law firm Helmer, Conley, and Kasselman can help anyone seeking an annulment. Contact one of our family attorneys for a consultation today.

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