Why Did Kim File For Divorce, Not Annulment?by Leon Bennett on 11/01/11
After 72 days of marriage, Kim Kardashian has filed for divorce from Kris Humphries. There will be debate about whether or not this marriage was a publicity stunt. I, for one, hope both Kim and Kris entered into this marriage with purity of heart and the intent of having a long, loving marriage. After nearly 30 years in the family law business, I know one thing for sure….the ONLY ones who know exactly what goes on in a relationship are the two parties involved. However, considering the short timeframe of this union, why a divorce and not an annulment? Common sense could argue that perhaps this marriage should never have occurred, and therefore should be voided in the eyes of the law. But, as we all know, common sense does not a law make!
In the state of California, there are very specific and narrow laws governing what conditions must exist to annul a marriage. Grounds for annulment in California include duress, mental incapacitation, failure to consummate the marriage, underage (younger than 18) spouse, lack of assent to marry, bigamy, fraud or consanguinity (marriage between close blood relatives). As far as I can tell, the Kardashian-Humphries union does not meet any of these criteria; therefore, no annulment.
And besides, if there was not a marriage, Kim would be obligated to return that 20 carat engagement ring! An engagement ring is given in anticipation of a valid marriage occurring – no marriage, no contract, no ring. Just sayin’.