Posts tagged "Annulment"

Even if you make a conscious effort to avoid Hollywood gossip websites or magazines devoted entirely to celebrity high jinks, chances are still good that you are somewhat familiar with the ongoing legal drama surrounding reality TV personality Kim Kardashian and her estranged husband Kris Humphries, a professional basketball player with the Brooklyn Nets.

To summarize, the two parties are currently locked in an extremely bitter divorce dispute, with Humphries claiming that the couple's highly publicized 2011 wedding was fraudulent and demanding that Kardashian sign an annulment. For her part, Kardashian is refusing to sign an annulment -- perhaps fearing the financial consequences of admitting her marriage was indeed fraudulent. Consequently, the divorce appears to be headed to trial, as neither side is willing to compromise.

Not surprisingly, Kardashian's recent announcement that she is expecting a child with her current beau, hip hop star Kanye West, has many people wondering what legal impact this will have as she is technically still married to Humphries.

It seems that two family law-related questions inevitably accompany the demise of nearly every short-term celebrity marriage: 1) Did the formerly happy couple have a prenuptial agreement in place? or 2) Is the formerly happy couple going to seek a divorce or an annulment?

Regarding this latter question, many people are likely somewhat familiar with the general idea of an annulment, but unsure as to what it actually entails or how it differs from a divorce. Today's post will seek to shed some light on the mystery surrounding annulments.

What is an annulment and how does it differ from a divorce?

If a couple divorces, the law treats it as a marriage that had both a firm beginning and a firm ending. An annulment, on the other end, effectively declares the marriage null and void.

"When a couple gets an annulment, it's as if the marriage never existed to begin with," said Kristin Hofheimer, a Virginia Beach-based divorce attorney.

Many of our nation's marriage and divorce laws are quite similar in purpose and intended results. For example, the legislative intent of most (if not all) states' child custody/child support laws is the same: protecting the best interests of the child.

However, many states have their own marriage and divorce laws that are purely "unique," meaning they may appear rather bizarre. For the most part, these marriage and divorce laws are the byproducts of either distinct geographical concerns or legislative agendas.
 
Today's post is the first in a series. It will examine some of the more intriguing marriage and divorce laws of the 50 states ...