Attorneys for both Kim Kardashian and Kris Humphries have their work cut out for them before the former couple’s divorce goes to trial next year.
They had been married for 72 days when Kardashian filed for divorce on October 31, 2011. Since then, the couple’s relationship has been anything but friendly.
On Wednesday, Judge Stephen Moloney gave both sides a mandate to get all their ducks in a row. Moloney wants all depositions in the case completed by November 28 so a court date can be set for early next year. The trial is expected to take two weeks.
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Also at Wednesday’s hearing, Kardashian’s attorneys complained that the divorce was taking too long, and that it’s already cost the reality TV star $250,000 in legal fees.
Humphries’ attorneys fired back, saying the reason it’s taking so long is because people in Kardashian’s camp are avoiding depositions.
A deposition is an out-of-court interview that is conducted under oath and carries the penalty of perjury for lying.
For example, Humphries’ attorneys had to go to great lengths to serve Kardashian’s current boyfriend, Kanye West, with a subpoena. In a “cloak and dagger”-like operation, Humphries' attorneys left the subpoena for West in a Nordstrom box outside Kardashian’s house.
Humphries' attorneys also said that they want to depose Kardashian’s mother, Kris Jenner, Bunim/Murray Productions (the company that produces Kardashian’s reality show), and NBC Universal (the company that airs Kardashian's reality show on E!).
But what happens if West or anyone else ignores the subpoena for a deposition?
In Session’s legal experts say Moloney will find them in contempt of court and issue a bench warrant for failure to appear in court. Then they can be arrested and thrown in jail until they agree to cooperate with the court.
Once the depositions are completed and both sides are satisfied with the evidence they have gathered, there are two possibilities for the next step in the divorce:
In Session’s legal experts say that in this case, there is a good chance the divorce could go to trial, because Humphries’s attorneys seem to be motivated by something other than money.
At Wednesday’s hearing, Humphries' attorneys said they wanted to put reality TV on trial. They went as far as to say that Kardashian had no intention of staying married to the NBA star and that the marriage was a fraud, done simply for TV.
If the case goes to trial, evidence could be released to the public about the inner workings of the Kardashian family and their reality TV show. Depositions would be released, along with information about Kardashian’s financial dealings during their short-lived marriage.
In earlier court filings, Humphries' attorneys hinted that Kardashian did not disclose all of her financial dealings to their client. If Kardashian did not disclose money she made during the marriage, she may have to forfeit it to Humphries under California law.
The judge will also have to decide whether or not to enforce the former couple’s prenuptial agreement, which has not been released to the public yet. The only way the public will see the prenuptial agreement is if one side enters it into evidence.