updated 02/15/2013 AT 3:30 PM ET
•originally published 02/15/2013 AT 3:45 PM ET
A judge ruled that their case – in which Humphries alleges that Kardashian committed fraud by never intending to be married – is ready for trial.
“[Humphries] has had more than adequate time to prepare,” L.A. Superior Court Judge Stephen Moloney stated during the Friday hearing. A trial date of May 6 was set. Neither Kardashian nor Humphries were present in court on Friday.
The NBA star’s attorney, Marshall Waller – who had filed papers Thursday to be removed from the case – has long claimed difficulty in gathering evidence from various entertainment companies that work with Kardashian.
“We want a trial because that’s the only way this will end,” Kardashian’s lawyer Laura Wasser previously told PEOPLE. “There was no fraud. They have no case.”
Legal experts say Humphries’s chances of winning an annulment based on fraud is a long shot.
By facing off in a trial, Kardashian could potentially win her goal of being divorced from Humphries before her baby’s due date.
Both Kardashian and Humphries were ordered to appear in person for an April 12 hearing for a last-ditch attempt to settle the case.
“Every case is capable of settling before trial,” Waller told PEOPLE at an earlier hearing.