Khloe Kardashian’s divorce from Lamar Odom is proving to be more difficult than expected.
Waiting for Response to Divorce Filing
While it’s typical for the Kardashians to get what they want, that’s proving to be difficult in this case. The reality TV, 30, filed for divorce from the former NBA player, 24, ten months ago, and is ready to move forward with her life. But Odom has yet to file a response. And unfortunately, he hasn’t been seen or heard from in a few weeks. “He needs to sign papers and he won’t,” says a source close to the Kardashians. “He disappears here and there, and she can’t find him. She just wants to move on.”
Filed Divorce Papers
Once a initial Petition for Dissolution is filed, the respondent has 30 days in which to file his or her Response. Since Odom has not filed a response, Kardashian must now decide whether to file a Request to Enter a Default, or a Request for Dismissal.
A Request to Enter a Default can be used when a respondent fails to respond within the 30 days, or if the respondent cannot be located. Once a respondent is found to be in default, he or she is then precluded from participating in the divorce action. If there’s a good reason for not responding, a respondent can file a motion to set aside the “default” status.
A Request For Dismissal is filed when both parties decide to cancel a divorce filing.
After Being Granted a Default
If granted the request to Default, Kardashian will be able to move forward with divorce proceedings, without Odom’s participation. According to a divorce attorney, “as long as there are no properties or children between the two parties, one person can’t stop the other from getting the divorce just by not showing up.”
In the initial divorce filing, Kardashian did not request to be rewarded with spousal support from Odom, but she did ask for termination of the court’s ability to grant spousal support to be paid to Odom. She also requested that they each pay their own separate attorney fees.
Kardasian filed for divorce following years of alleged drug abuse and infidelity by Odom.
, October 23, 2014
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