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Celebrity Love

It's On! Kim Kardashian & Kris Humphries' Trial Date Set For May

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Kim Kardashian & Kris Humphries
"It seems like an uphill battle," Arnett-Kremian says of having the marriage annulled.
Plus, what happens if they're still legally married when Kim gives birth?

Mark your calendars: Kim Kardashian and Kris Humphries head to court May 6 to finally put their not-so-72-days marriage behind them.

The date comes just a few months before Kim’s due to give birth to her first child with Kanye West, and it goes without saying she’s hoping to be Mrs. H-less before hitting the delivery room. But what if she’s not for whatever unforeseen reason? If Kim Kardashian and Kim Humphries are still legally husband and wife when her child is born, does he have any legal obligation to mini-Kimye?

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“During the pendency of dissolution of marriage proceedings, [in many states] the court can order a spouse to provide temporary child support to his or her step-children … In cases like this one, where Kim and Kanye are presumably both ready, willing and able to give this baby-to-be everything he or she could ever want, it’s unlikely the court would assign any financial responsibility to Kris,” states YourTango expert Meri Arnett-Kremian, an attorney with expertise in family law matters.

Baby aside, what about that swanky Bel Air pad Kim and Kanye recently purchased: As Kim’s legal husband, does Kris get a sliver of that McMansion?  “In community property states like California, in the absence of a legally binding prenuptial agreement that provides otherwise, the usual rule is that money earned, property acquired, and debts incurred after the date of marital separation belong to the person who earned or acquired them,” Arnett-Kremian explains. Sorry, Kris.

Now, before Kanye pulls out the gold digger card, let’s examine the facts. Should Kris shoot, score, and win an annulment—as opposed to a divorce—the victory could boost his ego, but not his bank account. "In this case, Kris is claiming—in layman’s terms—that the marriage was invalid from the get-go because Kim duped him into marriage by lying about something significant, and he wouldn’t have married her if he’d known about the lie beforehand,” Arnett-Kremian, also a divorce transition coach, continues. “If the court rules that no legally binding marriage was contracted, Kris can’t claim the benefits that would be given a divorcing spouse under state law.” 

So, how likely is the NBA player to champion over his reality ex? Ehh, it’s not looking good. “Getting a decree of nullity of marriage on grounds of fraud isn’t a slam dunk in California or elsewhere,” our expert notes. “Without knowing the particulars of Kris and Kim’s situation and what he’s claiming constitutes the fraud, it’s hard to know his chances, but it seems like an uphill battle.”

And just to make things more difficult, Humphries' divorce attorney Marshall Waller removed himself from the case, citing an "irremediable breakdown of the attorney-client relationship." That's right, he dumped Humphries.

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Do you think the marriage will end in a divorce or annulment? Leave your prediction in the comments. 

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