UPDATE: TMZ is reporting that Kim Kardashian wanted to annul the marriage but was told that there were no legal grounds for an annulment. Friends of the reality star say she and Humphries considered annulling the marriage before she filed for divorce.
Despite previous reports that Kris Humphries planned to sign Kim Kardashian’s divorce papers without a fight, People magazine is now reporting that Humphries plans to seek a legal separation instead, with the intent to annul his 72-day marriage to the reality TV star.
Sources tell the magazine that Humphries will file the papers within days.
According to California law, an annulment can only be granted if one of the following eight conditions have been met: bigamy, incest, underage spouse (without parental consent), prior existing marriage or domestic partnership, unsound mind (existence of a mental condition), fraud, force, or incapacity (partner is unable to consumate the marriage).
According to TMZ, the NBA star plans to cite fraud. Under California law, Humphries would need to prove that there was “deception regarding a significant matter that led to the marriage or the partnership and continued until the breakup.”
Celebrity divorce lawyer Raoul Felder told the Huffington Post that an annulment would not be the right decision in this case.
“An annulment is based on fraud… it requires corroboration, witnesses to back it up,” he said. “The average person with a 60-day marriage would be talking with their lawyer about an annulment. But there is a lot of exposure involved in it and I just don’t think they want that. I think in this case it would hurt them; it’s easier to get divorced.”
Kardashian filed for divorce last month, citing “irreconcilable differences.”
“I hope everyone understands this was not an easy decision,” she said in a statement on October 31. “I had hoped this marriage was forever, but sometimes things don’t work out as planned. We remain friends and wish each other the best.”