I’ve been hearing radio talk show hosts discussing the recently announced Kardashian divorce. One pervading question that everyone seems to be asking is why aren’t they getting the marriage annulled since it only lasted 72 days. The answer is simple. There are no grounds for annulment.
The grounds for annulment in California are, “Party did not have capability to consent; another living spouse; unsound mind, unless party freely cohabitated with spouse after coming to reason; consent obtained by force or fraud, unless party freely cohabitated with spouse afterwards; physically incapable of entering marriage state.”
- In California a party may file for annulment if he/she was under 18 at the time of the marriage.
- Lack of capacity to consent may also stem from either party lacking the necessary legal mental capacity to understand the nature of the marriage and its attendant obligations.
- Any alleged fraud must have been about something vital to the relationship that directly affected why the party was deceived in entering into the marriage. Two examples of fraudulent grounds for an annulment are being deceived into marriage for the purpose of obtaining a green card or concealing the lack of ability to conceive children.
- Of course no one can be forced into a marriage against his/her will.
- An incurable physical incapacity to consummate the marriage.
The grounds for annulment in New Jersey and Pennsylvania are similar. “Previous undissolved marriage; incest; impotency; lack of consent due to alcohol, understanding capacity, drugs, duress, fraud; underage.” Of course all marriages are prohibited in every state between family members. Most states provide that children of an annulled marriage are legitimate.
Duration of a marriage is a relevant component that is considered in an annulment action. For better or worse, however, the short duration of Kris Humphries and Kim Kardashian’s marriage does not provide sufficient grounds for an annulment.