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Celebrity Docket: Kim Kardashian v. Kanye West - Docketed!

For today’s Celebrity Docket, we’re updating the status of the previously pending divorce matter with Kim Kardashian and Kanye West. Turns out, Kim has filed for divorce. For information on her efforts prior to doing so, click here.

According to Page Six, Kim has hired divorce attorney to the stars, Linda Wasser, to represent her in this process, which will begin with continued negotiations in attempts to keep things as amicable as possible. These efforts are supported by the fact that the parties entered into a prenuptial agreement before marriage and aren’t contesting it, and appear to agree about their children’s custody and visitation, according to Vanity Fair. We find in our client’s matters, that limiting as many contested issues as possible, is always helpful to minimize the stress, drama, length of process, and attorney’s fees.

Where Kim and Kanye may disagree is in relation to their post-marriage property. Turns out, they have a Wyoming ranch purchased during their marriage, and a multi-million-dollar home in Calabasas, California. Apparently, Kim wants to keep the home as the children have been raised there, but while the land the home sits on is owned by her, the home is owned by Kanye.

In Virginia, these situations (if not already resolved through a prenuptial agreement) could be resolved through negotiations by the parties agreeing on a division that works for them. For instance, Kanye could keep the Wyoming home and its full value and Kim could keep the California home and its full value; however, if the parties can’t agree, in Virginia the court would use the factors found in section 20-107.3 of the Code of Virginia to determine how to equitably distribute the properties. This process begins by determining whether the properties are separate, marital, or hybrid in nature, valuing each property, and then dividing each property. Sometimes division can look like the judge simply ruling that each party keeps a home, or that one party buys the other party out of their share of the equity in the home, if there are resources available to so. Unfortunately, another alternative for the court is to force the sale of all property and have the parties split the proceeds thereafter. To read more on equitable distribution of property in Virginia, click here.

So, now that we know Kanye followed his own advice and “Holla[‘d] [I] want prenup!”, only time will tell what the prenup has already addressed and resolved, and what is left for the parties, or the court, to resolve.

If you have questions on the negotiation of prenuptial or separation agreements, and/or equitable distribution/property distribution issues in divorce matters, the experienced family law attorneys at Morris Williams LLC – A Family Law Firm are here to empower you to make the best decisions for your future. Call us today at 757-226-9425 to schedule a consultation or email us at admin@morriswilliamslaw.com.

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