Kim Kardashian can receive a ‘declaration of divorce’ if Kanye West doesn’t take action, a lawyer EXCLUSIVELY tells HL, and the star’s latest court docs most likely mean she’s ‘ready to start a new chapter.’
Kim Kardashian, 41, filed for divorce from Kanye West, 44, in Feb. and despite rumors that he’s not ready to completely let go of their marriage, she’s able to go forward with her wishes even if he doesn’t agree with them. New court documents show that the Keeping Up with the Kardashians star has repeatedly requested that the rapper “bifurcate and terminate” their marriage status but he hasn’t responded, and now we’re learning that there are new steps she can take to be legally single again as soon as possible. Morghan Leia Richardson, Esq., the Matrimonial Partner with Davidoff Hutcher & Citron LLP in New York City, spoke to HollywoodLife about Kim’s requests and explained how she can push the divorce through “with or without” her ex’s cooperation.
“Bifricate means to separate the issues. Kim is asking the court to legally divorce her, but not decide the ancillary issues (custody, support, assets),” Richardson EXCLUSIVELY shared with us. “[She] can request a hearing to be divorced legally, and a court can issue a decision without him. Aside from the new title (Esquire), she may also want to figure out new tax filings, or maybe she really just wants to be able to say he’s officially her ex-husband.
Kim Kardashian and Kanye West were married in 2014. (Stephen Lovekin/Shutterstock)“In California, Kim can finalize, or receive a ‘declaration of divorce’, with or without Kanye’s cooperation,” Richardson continued. “So, if one spouse refuses to participate, the other can still get the divorce (and many times get what they are asking the court to award). This is why it is important to respond when one is served papers!”
Richardson also confirmed that based on Kim’s latest court documents, she is “absolutely” ready to end the marriage. “She’s asking the court to allow the divorce to take place and she sounds frustrated that he’s allowing it to linger on,” she explained. “She likely just wants to start a new chapter and this is holding her back.”
Kim Kardashian and Kanye West during a previous outing. (Mehdi Taamallah/NurPhoto/Shutterstock)Richardson went on to address whether or not it’s possible that Kanye hasn’t seen the papers that include Kim’s requests. “Maybe he hasn’t seen the papers, but that seems very unlikely,” she said. “Maybe he’s really wishful that she’ll change her mind, but in my experience once a woman is this level done, such efforts are futile.”
She also commented on how Kim’s request to “bifurcate and terminate” the marriage affects her and Kanye’s custody and assets. “As for custody and assets, she’s not asking for a ruling on that yet,” Richardson confirmed. “I’ve had trials on those issues without the other side, because at some point, a court will decide whether a person wants to participate or not.”
Kim and Kanye were married in 2014 and share four kids together, including North, 8, Saint, 6, Chicago, 3, and Psalm, 2. They have already started co-parenting since the divorce filing and have been seen on outings with their kids both separately and together. The former lovebirds have yet to publicly go into detail about their split.
