Kim Kardashian left the court house yesterday without a divorce settlement. Even though she is pregnant her divorce has not been made final. The issue with her divorce is between what she is seeking and what Kris Humphries is seeking. Mr. Humphries is seeking an annulment while Kim Kardashian is seeking a divorce. In Utah, an annulment constitutes that the marriage never occurred. Usually an annulment is sought on the basis of fraud. According to numerous reports, Kris Humphries is seeking a annulment based on fraud. The specifics of Kris Humphries fraud claims have not been disclosed but if the court were to reach this conclusion certain findings would be disclosed and we would know the specifics of what could or was proven.
From numerous reports, it seems that Kim Kardashian wants the divorce to be final. This may be because of the pregnancy. In Utah, if you are going through a divorce and are pregnant with another person’s baby other than your spouse you may be able to be granted a bifurcated divorce. A bifurcated divorce would divorce you at that point in time, but would reserve all other issues for further court proceedings. I have been surprised in this divorce that Kim Kardashian has not sought a bifurcated divorce. It may be true that if she tried Mr. Humphries would try and block it by stating he is still seeking an annulment.
In Utah, an annulment is controlled by certain factors under the law. The specific Utah law that it falls under is Utah Code Annotated 30-3-17.1. Under this code, fraud would become a factor.
