By Alexis L. Loinaz and Claudia Rosenbaum, E! Online
Kevin Winter / Getty Images file
Kris Humphries and Kim Kardashian on "The Tonight Show With Jay Leno" in October 2011.
Kim Kardashian and Kris Humphries' divorce will finally have its day in court. Judge Stephen Moloney has ordered the ex-couple's divorce case to proceed to trial, putting the kibosh on Humphries' bid to delay the proceedings due to "uncooperative third parties" while bolstering Kardashian's push for an expedited trial date amid concerns that her ex was needlessly holding her "hostage."?
The trial date has been set for May 6 and is expected to last for five days. The trial will be heard by Judge Scott Gordon, who's no stranger to high-profile splits, having presided over Britney Spears' divorce from Kevin Federline back in 2007.?
Three witnesses are expected to testify on behalf of Kardashian, while between three and five witnesses will take the stand to speak for Humphries.?
Kim Kardashian divorce: Kris Humphries' lawyer wants out?
Kardashian's attorney, Laura Wasser, had requested for an earlier trial date, which was met with pushback by Humphries' legal eagle, Marshall Waller, who argued that Humphries' schedule as a professional basketball player would make it difficult to appear it to court any sooner.
In a none-too-subtle jab, Gordon said that everyone--including firefighters and police officers--must find a way to appear in court.
In delivering her final statement before the judge issued his ruling, Wasser said, "We are not asking for special treatments, and we believe arguments made by (Humphries') side are without merit." She added that she believed there had been ample time to prepare for trial and criticized Humphries' no-show for Kardashian's deposition due to his purported basketball commitments.
"Sometimes litigants had to miss a day or two of work," she explained, arguing that Humphries should not receive special treatment just because of his schedule as a professional athlete.?
Kim Kardashian divorce attorney: Kris Humphries is holding her "hostage"?
Afterward, Humphries' lawyer, Waller, addressed the court and defended his client's busy schedule, explaining that Humphries remains committed not only to his to his basketball games but also to other contractual obligations.
He also argued that the nature of the case required a more extensive discovery period.
"This is a fraud case," Waller told the court. "It really is. And that is a case that takes a lot of time to develop. We are not ready to go forward. We do need more time."?
Kim's attorney maintains that her client is "handcuffed" to Kris Humphries?
Before announcing his decision, Judge Moloney told the courtroom he had tentatively already decided to deny Wasser's motion to bifurcate the case so that Kardashian can be legally divorced even if their financial issues are not sorted out.
He also gave a dressing-down to Humphries' legal camp, saying, "I think there was enough evidence that ?(Kardashian) was available and (Humphries) could have traveled here for a deposition," adding that the latter's legal team had "more than adequate time to depose and has not shown due diligence."
Check out Kim and Kanye living it up in Brazil?
The judge also asked if there had been any talks of settlement, to which Waller responded, "We have been discussing it and continue to discuss."
Wasser, meanwhile, told E! News that the next court date is set for on April 12 for a mandatory settlement conference required by law before a case proceeds to trial, and both Kardashian and Humphries have been ordered to appear.
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