Kris Humphries Seeks Annulment from Kim Kardashian, Claims 'Fraud'
11/30/2011 AT 04:45 PM EST
Kris Humphries filed for an annulment from Kim Kardashian, seeking to erase his 72-day marriage on the grounds of fraud.
Even though the pair have a prenuptial agreement and no children, the NBA player is now set up for a possible legal fight with the reality starlet, who has filed for divorce.
"There's a clear conflict if one spouse is seeking a divorce, but the other wants an annulment," says family law attorney Scott Weston, who is not involved in the case. "A judge will have to decide which to allow, which could take many months."
But a source close to Kardashian says that a battle may be avoided.
"She always wanted an annulment but attorneys were against it so she's happy that both parties agree now," says the source.
In his Superior Court filing, which was processed Thursday, Humphries marks the box reading "nullity of voidable marriage" and checks as the basis the box saying "fraud."
Under California law, a nullity is granted if the court finds that no valid marriage ever occurred. Along with fraud, grounds for an annulment include bigamy, incest, force or if the couple are under the age of consent.
Humphries's papers say that if he's denied an annulment then he wants a legal separation – not a divorce.
Humphries and Kardashian do agree on one point: the date of separation, which he also lists as Oct. 31.
After a whirlwind three-month engagement, the pair were married in a lavish ceremony filmed for Kardashian's show on E!.
Reporting by KEN LEE