Legal Drama

ANALYSIS: Kim Kardashian Sits for 9 Hour Deposition in Kris Humphries DIVORCE Case

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Kim K 9 Hour Deposition We live in a day and age where anything goes. Often, when it comes to relationships, marriage or unmarried, the idea is if it doesn’t work out, “you get over it and move on.” Moving on 9 out of 10 times is usually jumping straight into another relationship to i.e. forget all about it i.e. “make the pain go away.” There is no time for introspection. God forbid. There is no time to also focus on actions or in-actions caused by decisions persons in these relationships make that caused great harm to those supposedly cared about. In marriage situations, this kind of “anything goes” it’s all about “me,me,me,me” is further complicated where children are involved. As much as our society claims to be all about kids, the reality tells us otherwise.

In any event, I don’t subscribe to the “just get over it mentality.” I believe emotional pain is just as bad  if not worse than physical pain. In the Kris Humphries v. Kim Kardashian scenario, the showing of deep emotional pain doesn’t get more obvious than the current family law legal battle that is ongoing. It seems, at least to Kris, that everyone was in on the joke except him. What is the joke? Well, to him, he is convinced that the marriage that he entered into with Kim K., in August of 2011 was a sham to begin with. The marriage lasted for 72hours after which Kim K. filed for divorce.

Kris based on his strong belief that this marriage was a sham, wants an annulment. By the way, on the Nigerian end of things, we saw an example of an annulment when Nollywood Actress Stephanie Okereke annulled her first marriage. The basis of that annulment was that the marriage was a lie to begin. She had no idea the man she married at the time was married with kids in the USA.

What is an Annulment?

I like this Wikipedia Definition:

“Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place (though some jurisdictions provide that the marriage is only void from the date of the annulment). For example, this is the case in section 12 of the Matrimonial Causes Act 1973 in England and Wales.

In legal terminology, an annulment makes a voidable marriage null. If a marriage is void ab initio, then it is automatically null, although a declaration of nullity is required to establish this. The process of obtaining a declaration of nullity is similar to an annulment process. Despite its retroactive nature, children born before an annulment are considered legitimate in many countries.

Annulments are closely associated with the Catholic Church, which does not permit divorce, teaching that marriage is a lifelong commitment which cannot be dissolved through divorce, but can be annulled if invalidly entered into.” – Wikipedia

Back to Kris, he believes Kim K planned all along to boost her reality tv ratings and brand power and as such entered what she knew was a fake marriage. Within 72hours of marriage, Kim K called it quits. Not too long after, she was already in a relationship with Kanye West and without being divorced from Humpries, she is now carrying West’s baby. Now society says “get over it?”  I think not. “Get over it?” As in really?

Here is one significant reason why Kris can’t just “get over” it as many in the media including TMZ has focused on telling him to do so: 1) Kim K is a global star and has effectively used her star power to destroy his name, image and reputation, assuming he is truthful that he loved her and entered into the marriage for keeps only to discover it was all planned from the start; 2) if this marriage wasn’t a sham in the first place, then Kim K ought to be made to justify the alleged $18million in magazine deals, endorsements  et al. allegedly received as a result of this 72hour wedding/divorce; 3) for Kris, clearly winning is not so much the issue when it comes to this  lawsuit as it is a matter of principle.

For some people, closure in a relationship might very well be jumping into the next relationship, getting knocked up and quickly deleting the “forget you buttons” in their heads. (Needless to say I am not sympathetic to the whole Kim K fiasco). For others, closure may very well be having their day in court. This marriage both from a social, psychological, emotional and financial perspective has done a lot of damage to Kris.

In contrast, for Kim K, it has instead made her star power shine even brighter, thanks to the world we live in today where celebrities are idols meant to be worshiped. It really at this point, at least from a psychological standpoint, which is crucial to both the litigation and settlement of this case, is irrelevant whether Kris wins. As a matter of principle, he believes people should not be able to manipulate and destroy the lives of others, all in trying to further or advance their careers.

The law says if he is harmed a certain way, he can get his day in court. How does he do it? He employs all of the tools the law offers, including a deposition to depose Kim K for their upcoming trial. A deposition is an out of court sworn statement usually obtained in an informal setting that can be later used to impeach a witness in court during trial.

TMZ reporting on the deposition, says, “well Kris’s attorney really didn’t go digging.” Kim K spent 9hours in the deposition. Hello? A pregnant woman being deposed for nine (9) hours? That in and of itself is a long deposition and enough digging. Also, they say Kris made such fuss about being at the deposition but did not end up showing up. So what? Who cares? The goal is to make sure his attorney preserves his right to be present, if he wants to. The attorney did. End of story. The client can choose to exercise that right if he deems it necessary.

He didn’t deem it necessary. Let’s keep it moving on the silly legal commentary TMZ, shall we?

-Uduak

Read the story on TMZ.

Kim K Divorce Petition

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Credited for several firsts in the fashion and entertainment industry, Uduak Oduok (Ms. Uduak) is a fashion and entertainment lawyer, speaker, visionary, gamechanger, trailblazer, and recognized thought leader, for her work on Africa’s emerging global fashion and entertainment markets, and the niche practice of fashion law in the United States. She is also the founder of ‘Africa Music Law,’ an industry go-to music business and law blog and podcast show empowering African artists. Her work in the creative and legal industries has earned her numerous awards and recognitions, including an award from the American University Washington College of Law for her “legal impact in the field of intellectual property in Africa." She has also taught as an Adjunct Professor at several institutions in the United States. For more information, visit her at https://msuduak.com.

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