Archives for January 2013

Kobe and Vanessa Bryant Will Stay Married

The Los Angeles Lakers shooting guard, Kobe Bryant, and his wife Vanessa Bryant are officially not getting a divorce, according to The Huffington Post. Both Kobe and Vanessa announced their decision to call off their divorce via social media. Though Vanessa filed for divorce back in December 2011, she has always been loyal to her husband after he was charged with sexual assault in Colorado in 2003.  Two months after she filed for divorce, both she and Kobe were ready to reconcile.  It wasn’t until last Friday that Vanessa posted on Instagram that “[their] divorce action will be dismissed. [They] are looking forward to [their] future together.” [Read more…]

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Bethenny Frankel’s Marriage Ends

The “Real Housewives of New York” star Bethenny Frankel officially filed for divorce from her husband of 3 years, Jason Hoppy.  Included in her divorce papers are documents requesting the following: 1) child support retroactive from the date she filed for divorce, 2) medical, dental, optical, therapeautic, orthodontic expenses for herself and 3 year old daughter, Bryn, 3) life insurance that makes both her and Bryn the beneficiaries, 4) Hoppy to move out of their $5 million dollar marital residence permanently, and 5) Bethenny to have exclusive occupancy of the couple’s apartment.  Under her circumstances, it seems ridiculous to ask for so much when she is reportedly worth between $25 million and $55 million with a $100 million fortune from her “Skinny Girl” cocktail brand and Jason Hoppy only has a net worth of $5 million.  In the end, it is the judge that will decide whether Frankel’s requests are granted. [Read more…]

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Kim, Kris, Kanye and… a Baby!

Kim Kardashian’s beau, Kayne West, announced that the couple is expecting their first child in this new year.  But how does that affect the divorce process between Kardashian and current husband, Kris Humphries?  Without being divorced, Kardashian is considered to have committed adultery. Lucky for her, California forgives adultery and does not see it has a relevant role in the divorce process. That is to say, if Kardashian and Humphries were to actually get a divorce. The reason for Kardashian and Humphries still being married is due to the fact that Kardashian will not agree to the annulment of the marriage that Humphries has requested.  The difference between a divorce and an annulment is this: divorce recognizes that a couple was married and ends that marriage whereas annulment completely voids the marriage, which legally sees the marriage as never happening.

Kim Kardashian, Kanye West at the opening of the new Dash store in July

Both annulment and divorce serve the same purpose to end a marriage.  The preference between either one is purely religious and/or personal.  With annulment, there are qualifications to present to the court in order for the marriage to be void.  Legal reasons for an annulment in California include the following circumstances: incestuous, bigamous, prior existing marriage/domestic partnership, mental instability, fraud, force, and failure to consummate the marriage.

Humphries has decided to ask for an annulment to his marriage to Kim Kardashian because he is under the impression that the marriage is fraud.  Also, by annulling a marriage, the prenuptial agreement is also void.  That leaves Humphries with full freedom to discuss his marriage and divorce to Kim Kardashian as well as unbinds him from any other provisions of the prenuptial agreement that was drafted.

To top it all off, the legal father of Kim Kardashian and Kayne West’s baby is none other than Kris Humphries himself.  Parentage is established if the parents of a child were not married when the mother became pregnant or when the child was conceived.  Even if a father can prove he is the biological father of a child, he does not have any legal rights or responsibilities for the child if he was never married to the mother.  The law presumes a person is a child’s parent, unless proven otherwise, if 1) he was married to the child’s mother when the child was conceived/born, 2) he attempted to marry the mother and the child was born during the “marriage,” 3) he married the mother after the birth and agreed to have his name on the birth certificate or to support the child, and 4) he welcomed the child into his home and openly acted as if the child was his own.  This is considered “parentage by estoppels” and means that the court can find that a man is the legal father, even if he is not the biological father, if he has always treated the child as his own.  In this case of Kardashian-West vs. Humphries, it is Humphries who is the legal father of Kardashian and West’s baby.

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