Divorce versus annulment

As the dispute between reality television star Kim Kardashian and her (hopefully) soon-to-be-ex husband, basketball player Kris Humphries drags on, many Las Vegas readers are wondering what the big deal is and why they cannot come to an agreement. One of the major factors at play here is that the two cannot decide what legal mechanism they should use to end their marriage. While the average reader might think that choosing between a divorce, annulment, or dissolution does not make a difference, the truth is that it can be a very impactful choice.

For example, in the Kardashian-Humphries case, Mr. Humphries is seeking an annulment which would legally un-do, rather than end the marriage. Annulments are only available under limited circumstances, and Mr. Humphries says that this relationship qualifies because it was based on a fraud perpetrated by Ms. Kardashian who was looking for a ratings bump and the monetary gains that come with that.

Ms. Kardashian, on the other hand, wants to end the marriage via a divorce, which does not require a specific showing of fault by either party.

This conflict has been dragging on for many months and it looked for a long time like a trial to determine the facts and circumstance of the marriage and the end of the marriage would be inevitable. However, reports recently surfaced indicating that the two may reach a settlement agreement before the trial date, which is next month.

When parties in a divorce reach an agreement before trial, the court still has to approve the terms. This often means that a judge will examine the ultimate result to make sure that it is basically fair and that a disadvantaged spouse does not get left with nothing.

Source: Huffington Post, “Kim Kardashian, Kris Humphries Divorce Settlement on the Way,” April 18, 2013.

Information about choosing the right method to end a marriage is available on our Las Vegas divorce site.