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Texas Divorce and Prenuptial Agreement

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Phone: 713-877-8800 • Fax: 713-877-1229

Kris Humphries Seeking an Annulment of 72-Day Marriage

As we might have expected, the Kim Kardashian and Kris Humphries divorce is not going to be straightforward, despite the fact that the two were married for only 72 days. At least initially, Kim sought a divorce from Kris, but now Kris is seeking an annulment. In his court filing, Kris checked “fraud” as the basis for his annulment request. In California, the grounds for annulment are (in addition to fraud) bigamy, incest, force, or marrying under the age of consent. If he cannot get an annulment, Kris has asked for a legal separation – anything but a divorce, it seems.

What is an annulment? And when is it an option? An annulment is a court declaration that a marriage never took place. The marriage is thus void, and the two sides, in most cases, act as if they never came together as husband and wife.

The grounds for an annulment vary from state to state, but they are often similar, and that is the case between Texas and California. An annulment is usually not a viable option for a couple, as it is difficult to provide evidence that will convince a court of the grounds for the annulment.

The property division in the case of annulment is quite different from divorces. Annulments usually result in the two sides’ going back to the way they were – no property division, in other words. The court will have to take some action if the couple acquired assets together, though. Also, one aspect – child support and custody – is the same as with a divorce. The non-custodial spouse will likely end up having to pay child support even if the two spouses annul their marriage.

Were you one of the rare spouses to obtain an annulment? How did the settlement portion of the process differ from a divorce?

John K. Grubb & Associates, P.C. – Houston divorce attorneys

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