The couple's battleground has moved from a contested divorce to a contested annulment. While a desired annulment from reality star Kim Kardashian might clear Kris Humphries' marriage slate, there may be more than one reason the 26-year-old professional basketball player has not chosen to file for divorce.
Reports say the National Basketball Association player has been advised by friends, family and legal counsel to dissolve the 72-day marriage by annulment, a move that would impact the couple's prenuptial agreement. The short-term husband of Kardashian claims in court papers that the wedding was staged and he was a victim of fraud. The charges are being denied by 31-year-old Kardashian, who said she married out of love. Oddly enough, Kardashian was allegedly the first to ask for legal help about an annulment, but her lawyers dissuaded her.
The couple was married on Aug. 20 this year in California, a community property state. An annulment is granted in marriages made under certain conditions. Fraud is among them. One party cannot pressure another to marry. Both must consent to the marriage. Mental illness and bigamy are valid annulment reasons, as are impotency and marriages involving a minor or a close blood relative.
If there is no valid marriage, then a prenuptial agreement may legally evaporate. Some divorce attorneys say that marriages that do not exist by law have no community property to share.
The professional basketball player's lawyer is the same one who negotiated Humphries' prenuptial agreement. The attorney believes his client is entitled to what he called "community and quasi-community assets."
Source: newsday.com, "Kris Humphries seeks annulment from Kim Kardashian," Frank Lovece, Dec. 1, 2011