January 18, 2023
After months of rumors, in February 2021, Kim Kardashian officially filed for divorce from Ye (formerly known as Kanye West), her husband of nearly seven years. The couple had met in 2003, went public with their relationship in 2012, and were married in Italy in 2014. On November 29, 2022, the ex-couple was able to reach a divorce settlement, avoiding what would have been a very public trial.
The Kardashian-West dissolution involved several billion dollars of assets. Of course, not all separations and divorces have so much at stake financially. However, no matter what your assets are, your future is at stake. A seasoned divorce lawyer can help you navigate the process and obtain the best outcome - financially and emotionally.
If you have questions about how to file for a divorce in Texas, you are not alone. Whether you have been divorced before or not, the process can be unfamiliar and stressful. However, thousands of people go through divorce every year. Getting divorced is a relatively simple process that involves a number of steps, which may vary slightly depending on your unique situation:
Filing the divorce petition with your county is the first step. One party - the petition- needs to file a petition asking the court to legally terminate the marriage.
Courts understand and acknowledge that waiting for a judge to finalize a divorce can cause hardship, and may not be practical. If you need temporary, faster arrangements made pertaining to child custody, child support, or spousal support, you can request temporary orders - your family law attorney can help you with this.
Your divorce must meet procedural rules and requirements, and provide a copy of all paperwork provided to your spouse. Having evidence of proof of service is necessary in order for a judge to provide you with a legal divorce
The terms of your divorce -the settlement- are largely influenced by what you, your spouse, and any children need and agree to. One of the many benefits of having a family law attorney is your lawyer can tell you how similar cases are resolved - and what you should ask for.
Going to trial for divorce is only necessary if a divorce agreement cannot be reached outside of court. A judge usually decides on a divorce trial, with a jury deciding in some instances. Trials are financially expensive and can be exhausting.
The last stop in the divorce process in Texas is the judge signing off on your judgment of divorce or order of dissolution. This officially and legally ends the marriage. Your lawyer can review your agreement and insure that it is fair and legal.
The divorce process can be completed without a lawyer. However, you can leave yourself at risk of an unfair outcome (including unfair levels of support or unfortunate custody or visitation arrangements).
In Texas, it is common for divorce to take several months, sometimes up to a year or more. With any divorce, there is a mandatory 60-day waiting period (waivable in certain cases if violence is involved). The divorce process is different for everyone, and if one stubborn party refuses to cooperate, it can delay a divorce significantly.
More often than not, divorcing couples get to the point where they are ready to move forward and move on with their lives. Having a lawyer guiding you through the process can speed up the timeline by explaining your rights, options, and how they recommend you move forward.
Multiple news outlets reported that the Kim Kardashian and Kanye West divorce had “stalled” - and there were many suggested reasons, ranging from suspected mental health issues and having public mental outbursts to just being plain difficult. Kanye went through a number of divorce lawyers during the process, and would sometimes argue that Kim’s legal requests created “a risk of adverse consequences”. Kanye also had concerns about shared retirement accounts.
Divorce can take longer when there are multiple issues to be resolved, such as child custody, child support, and property division. Addressing requests and claims can take time.
The Kanye and Kim divorce had many similarities to non-celebrity divorces - like figuring out paying for education costs and medical care. Kim and Kanye’s divorce also had to address non-standard expenses, like who would pay for private security. Kardashian and West had to make arrangements for child custody, child support, spousal support, and property division. Prenuptial agreements address some, but not all issues.
Like many Ultra-High-Net-Worth Individuals (UHNWIs), Kardashian and West had a premarital or prenuptial agreement in place. Commonly referred to simply as a “prenup” this is a valid contract in writing that addresses common issues that would come up in a divorce such as who gets property acquired in a marriage, how property division is handled in the event of separation or divorce, and how spousal support will be handled.
This is significant because both Kardashian and West’s net worths increased significantly during their marriage. Prenup agreements are especially attractive to celebrities because the agreements are kept private.
Child support and child custody must be determined in any divorce involving minor children. Kardashian and West, with four young children, agreed to an expense split for their children’s needs, including private school, private security, and future education costs. If there are concerns with the mental health of one of the parents, a judge might question their fitness as a parent, which could impact the ultimate agreement.
According to multiple news outlets, the ex-couple waived spousal support, as part of the terms of their divorce.
One lesson anyone considering divorce can take from the Kardashian-West divorce is the value of an experienced and knowledgeable family law attorney. It may seem like a big step to “lawyer up” but hiring a lawyer does not mean you are headed to a huge court showdown. In fact, lawyers can help their clients often resolve issues related to property division, custody, child support, and alimony efficiently and peacefully, without litigation.
It does not provide legal advice. The scenarios described in this website are intended to demonstrate legal principles involved with representation in the type of case described. Any current or former clients quoted or specifically identified in these materials have reviewed the firm on a third-party website or platform, such as Google, without compensation. Every legal case is different. Specific past results are not indicative of specific future results. Any information contained herein pertaining to experience or familiarity with particular courts or government agencies should not be construed as an ability or willingness to exert improper influence over the legal system. All services described in these materials and provided by Family Law of North Texas, LLC, and its attorneys, are only performed in compliance with all applicable laws and the Texas Rules of Professional Conduct.