The Washington Post has reported that the Kim Kardashian and Kris Humphries divorce has been taking over a year—mostly due to the fact that Kris Humphries is still compiling evidence to support his claim that the marriage should be annulled because of fraud. But what type of fraud is he actually alleging? As of right now, no one really knows.
In the state of Michigan, you can end your marriage by filing for one of three things: divorce, separate maintenance (legal separation), or annulment. An annulment is only granted if the marriage itself was void from the beginning or the marriage is voidable.
A void marriage in Michigan is a marriage that could not have taken place legally from the beginning. What this means is that there was consanguinity, affinity, bigamy, minority, incapacity or incompetency. In simple, plain English, this means the following:
Marriages that are void as a matter of law (examples above) can be ended with an annulment.
Voidable marriages in Michigan mean marriages that can be voided for fraud, duress, sterility and impotence. Sterility and impotence must be incurable. In order to have your marriage annulled for these reasons, you must file for an annulment within two years of the marriage. Examples of fraud and duress are as follows:
The grounds for a voidable marriage must be proven with clear and convincing evidence in order to obtain an annulment.
There are, however, defenses to annulment. This is particularly so if the spouse finds out about any of the reasons above and still lives with the other person even after finding out. Cohabitation is a defense, and can overcome any request for an annulment based upon voidable grounds.
Read the Washington Post article here: “ Kim Kardashian’s divorce inches toward trial, star’s attorney says she’s ‘handcuffed’ to ex."
Family Law Attorney