Kim Kardashian remains married as husband seeks annulment

On behalf of Jarrell, Hicks & Waldman, PC posted in Divorce on Tuesday, December 11, 2012.

More than a year after she filed for divorce, celebrity Kim Kardashian remains married. Her divorce case moves slowly along because her husband refuses to agree to it--instead, he seeks an annulment. Although more uncommon than divorces, annulments are another means on which celebrities, as well as those living in Virginia, can rely to officially separate from and end their relationships with their spouses.

Kardashian filed for divorce last year after her 72-day marriage to her husband. Although the couple had a short marriage as well as prenuptial agreement, their divorce is still not finalized. This is because it is a contested divorce. In contrast to his wife, Kardashian's husband seeks an annulment. He claims that he was the victim of fraud. He has yet to present any evidence to substantiate this claim, however, and the judge has yet to set firm deadlines for discovery and other investigations to be completed. The couple is scheduled to return to court in February, at which time Kardashian hopes for a resolution.

As an alternative to filing for divorce, a Virginian seeking to separate from his or her spouse can seek an annulment. Although an annulment has the same outcome as a divorce in that it results in a couple being separated, it has a substantially different legal effect. An annulment essentially erases the marriage, as though it never existed.

There are a number of reasons why a person may seek an annulment, including for religious reasons or because he or she does want to have the stigma of being divorced. Although a Virginian may have significant reasons for seeking an annulment, it is important to recognize that obtaining an annulment is not easy as filing for divorce. A person must set forth specific legal grounds to support a request for an annulment. The legal grounds can include any of the following: a fraud or misrepresentation as to a spouse's age or marital status, or concealment of serious facts like a felony conviction or an inability to reproduce.

Proceeding with an annulment may raise complex legal questions and issues. And, like in the Kardashian case, an annulment may increase the time that it takes for a couple to ultimately separate. Nevertheless, it may be the better solution for someone in Virginia seeking to dissolve his or her marriage.

Source: The Wall Street Journal, "Kim Kardashian divorce inches toward trial," Anthony McCartney, Nov. 28, 2012.

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