The stories are finally coming to an end as to the Kim Kardashian and Kris Humphries 72 day marriage. Reportedly, Kris Humphries was upset by Kim's decision and conclusion that the "irreconcilable differences" could not be resolved by marriage counseling. Kim filed for dissolution of marriage in a California Superior Court 72 days after the marriage ceremony. And, further, reportedly the LGBT community was enraged by Kim's filing for divorce after just 72 days. I understood from this article that many persons in the LGBT community felt that their right to marry was denied to them on the basis that this "right" only belonged too sacred for them; however, then persons in the heterosexual community treat the right disrespectfully.
In the hundreds of articles that were coming out, after Ms. Kardashian's filing, the two articles above were good examples of the strong feelings expressed. As a San Diego Certified Family Law Specialist attorney, I see some clarity in this event. Actually, both of these articles and hundreds of others expressing disapproval for the filing after 72 days, are all united in a common thought: Something is wrong when a marriage fails. Something is wrong; someone is wrong. Sorrow or grief is natural. And it is unnatural to marry and divorce for frivolous or reasons that are unworthy. However, let me offer the following in Ms. Kardashian's defense.
When the state of California passed legislation ending fault divorces and instituting no-fault as the standard, "irreconcilable differences" became the universal statement by the Petitioner to justify his or her divorce under California Family Law. Irreconcilable differences are supposed to be "substantial" as you can see if you look un Family Code Section 2311. In reality, the Petitioner never has to specify his or her exact reasons and the reasons are not questioned. In cases where there are children and child custody issues, the event of a divorce may be very significant in the lives of the parents and the children.
On at least one occasion I’ve had a person come to me seeking a divorce and I asked the person to go work on the marriage first. Since I never heard back, possibly the differences were worked out. Ideally these differences should be worked out prior to marriage. The differences should also be addressed after marriage. There are great resources in San Diego County for marriage counseling. I have found that if the couple is a church couple, then they should go to their church for help. The counseling is very focused as to method of counseling and both couples, as believers, are on the same page. Secular counseling is more varied and the couple needs to seek out and interview a specific counselor that is a match for them.
Marriage, marital issues, family law issues, and the right to a no fault divorce are all taken seriously at my office. The San Diego divorce lawyers at the Law Office of Thomas M. Huguenor handle divorce and child custody cases.
