Through his lawyer, Kris Humphries said he no longer wishes to divorce but to simply annul the marriage that lasted a mere 72 days.
“There’s a clear conflict if one spouse is seeking a divorce, but the other wants an annulment,” says family law attorney Scott Weston. “A judge will have to decide which to allow, which could take many months.”
Filing for an annulment of union, rather than a divorce, could mean that the marriage was never valid.
According to the documents filed by Humphries, if he is denied an annulment, he can go for a legal separation.
The papers also show that Kris marked the box reading “nullity of voidable marriage” and checked the box saying “fraud” as the basis.
TMZ reports that Kim initially wanted an annulment, but filed for divorce after being told it was her only legal option.
“She always wanted an annulment but attorneys were against it so she’s happy that both parties agree now,” a source tells People.