Annulment

Although I hesitate to provide Kim Kardashian or her family any more attention than they already receive for their multiple television shows and daily media appearances, the divorce between Kim Kardashian and her husband Kris Humphries is a “real life” example of a recent post on Iowa Family Law Bulletin.  Many couples face the situation Kardashian and Humphries are currently experiencing, when only one person in the relationship wants to divorce.

Divorce v. Annulment

Unfortunately for Ms. Kardashian, Mr. Humphries appears to be stalling their divorce.  The couple was married in August of 2011.  Kardashian filed for divorce very soon after.  Kardashian is apparently hoping for a straightforward divorce, while Humphries is claiming that their wedding (which was televised and received much media scrutiny) was a fraud.  The couple had a prenuptial agreement and have no children together.  Arguably, their divorce litigation should not take this long.

Kardashian and her publicity/legal team claim foot-dragging and stall tactics by Humphries, including a strange choice by Humphries to deliver a deposition request to Kardashian’s current boyfriend, Kanye West, rather than the more accepted practice of delivery to his attorney’s office.  However, Humphries’ legal team argues that Kardashian has not produced certain financial records needed to prepare for depositions.

Iowa Annulment Law

In this particular situation, Humphries is requesting an annulment while Kardashian is requesting a divorce.  In Iowa, causes for an annulment are governed by Iowa Code Section 598.29.  This section states that a marriage may be annulled for the following causes:

  1.  Where the marriage between the parties is prohibited by law.
  2. Where either party was impotent at the time of marriage.
  3. Where either party had a husband or wife living at the time of the marriage, provided they have not, with a knowledge of such fact, lived and cohabited together after the death or marriage dissolution of the former spouse of such party.
  4. Where either party was a ward under a guardianship and was found by the court to lack the capacity to contract a valid marriage.

Fraud as a Cause for Annulment

Unfortunately, there is not much being reported on the specific legal argument Mr. Humphries is relying upon, however, it seems that he believes he was used by Kardashian for television ratings.  Kardashian says that she married Humphries for love, however, got “caught up in the hoopla.”

A trial is not expected in the case until next year, and it does not appear that a settlement is likely at this point.  One thing is certain – when and if there is a trial, there will be no lack of media coverage!

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