Kim Kardashian vs Kanye West: The Divorce

Kim Kardashian is a 40-year-old American media personality, as well as a business woman, producer, actor, and socialite.  She first became famous for her sex tape with her then boy-friend Ray J., in 2007.  That same year, she and the rest of her family – her mother (Kris Jenner), her step father (Bruce Jenner – now Caitlyn Jenner), brother (Rob Kardashian), sisters (Kourtney and Khloe Kardashian) and half-sisters (Kendall and Kylie Jenner) - have been featured on a reality television program called Keeping Up with the Kardashians.

Kanye Omare West is a 43-year-old, rapper, businessman, music producer, and fashion designer.  In 2012, he and Kardashian began dating.  They had their first child together and became engaged in 2013, married in 2014, and have since had three more children.

In 2020, West began a series of bizarre events including his run for president of the United States (spending nearly $6 million of his own money) and a campaign outburst in South Carolina where he was sobbing and talking about his discussion with Kardashian about aborting their first child.

His manic behavior escalated into what has been determined by media sources to be bi-polarism.

According to TMZ, Kardashian wanted to divorce West after his 2020 outbursts and his living in Wyoming while she lived in Southern California with their four children.  However, she did not want to do so while he was suffering with a large bi-polar episode.

In January of 2021, the media announced that Kardashian and West were discussing divorce.  On February 19, 2021, Kardashian filed her Petition for Dissolution of Marriage in Los Angeles County Superior Court.

According to TMZ, which has a copy of the petition, there is a pre-nuptial agreement and neither party is contesting it.  Further, the petition calls for joint physical and join legal custody of their four children.  TMZ sources say that the divorce negotiations are very cordial and far along in reaching a property settlement.

The attorney of record, Laura Wasser, does not list a separation date on the petition.

In California, the date of separation is very important.  From that date on, all debts accrued, income received, and property obtained are the separate property of the individual obtaining them.  None of that would be community property.

Regarding pre-nuptial agreements, California will recognize them as long as certain legal aspects are maintained.

It is in the best interests of both parties who want pre-nuptial agreements, to get legal representation with someone well versed in California’s family law codes.  Pre-nuptial agreements are very technical, and in case of divorce, if the pre-nuptial agreement does not maintain all legal aspects, the court will not recognize it.

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