Category Archives:Legal separation

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Watch Out Kardashian: Humphries Wants an Annulment

Last month, we discussed how reality television star Kim Kardashian had filed for divorce from her husband, professional basketball player Kris Humphries, just seventy-two days after their nuptials.  Now, Humphries has filed for legal separation and annulment, and asking a California family court judge to invalidate the couple’s prenuptial agreement.
Kris HumphriesImage by Keith Allison via Flickr

According to documents filed on December 1 in Los Angeles Superior Court, Humphries filed for both a legal separation from Kardashian and a nullification of their entire union.  What it really means is that Humphries wants an annulment, but if he is unable to get one, he wants a legal separation.  According to the filed documents, Humphries requested an annulment on the grounds of fraud, essentially alleging that Kardashian tricked him into marrying her for the television wedding and subsequent payday.  It has been reported that Humphries is seeking annulment instead of divorce for religious reasons.  Nevertheless, his attempt to invalidate the prenuptial agreement makes it more likely that his finances, not his religion, may be behind this move.

Annulments are only granted in a handful of rare situations because they completely invalidate the marriage altogether.  Unlike a divorce action which is maintained to terminate a valid marriage on grounds arising after the marriage, a nullity proceeding is maintained on the theory that, for reasons existing at the time of the marriage, no valid marriage ever occurred.  In an annulment, the court determines that a marriage or domestic partnership is not legally valid because: 
  • of force, fraud, or physical or mental incapacity; 
  • one of the spouses was legally too young to marry or enter a domestic partnership; or 
  • one of the spouses was already married or in a domestic partnership.
More information about the grounds for nullity, as well as time limits for filing for an annulment, are available from the California Family Code, sections 2210 et seq.
Additionally, Humphries is attempting to have the couple’s prenuptial agreement invalidated.  According to reports, he wants the prenup voided in order to avoid being bound by the document’s confidentiality clause so he can speak publicly about the marriage and the divorce.  It is Humphries’ hope that if the marriage is invalidated, then the prenup will no longer control what happens in the wake of the couple’s split.

Legal updates brought to you by Orange County attorneys at Don Ho, LLP.

All factual information provided by Los Angeles Times
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McCourts Reach a Divorce Settlement and Agreement Regarding Ownership of the Los Angeles Dodgers

English: Giant posters of Dodger greats posted...
Image via Wikipedia
The divorce of Frank and Jamie McCourt has received a lot of publicity due to the fact that ownership and control of the Los Angeles Dodgers has been a central sticking point in the settlement of property division issues between the McCourts.  Earlier this week, after a great deal of expense, the two have purportedly reached a settlement on their divorce.
Many justifiably remain skeptical that an actual settlement has been reached.  A prior agreement fell through when the Commissioner of Major League Baseball, Bud Selig rejected a new television deal from Fox Sports that would have financed the entire agreement.  Reports of the settlement were made by an “anonymous source.”  Additionally, any agreement must still be approved in both family and bankruptcy courts before it becomes final.
The settlement would grant Jamie $130 million but require her to relinquish her rights to the team.  This would leave Frank with sole ownership and control of the Dodgers.  This does not end the fight over the team for Frank.  The daily operations of the club have already been taken over by Major League Baseball to which Frank responded by filing Chapter 11 bankruptcy reorganization, in an attempt to regain control of the team. More recently, Bud Selig is calling for the sale of the team in order to get it out of the McCourt’s hands.
Of course, most couples that divorce do not have hundreds of millions of dollars nor do their assets include a professional baseball team.  However, the division of property can stillbe challenging and the divorce process quite difficult.  Whether a divorce involves a large settlement or something much smaller it is important to work out the details as early as possible and prepare for whatever surprises might happen along the way.
For the McCourts, the divorce settlement will not be official until it receives the Judge’s approval.  When this is finally over, it is sure to be one of the most complex and costly divorces in California history.
All factual information provided by KTLA.
The  Orange County law firm of Don Ho, LLP can assist you regarding divorce in California or any other legal matter.
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