Common Divorce Questions

Posted By Attorney Daniel C. Hunter IV, The Hunter Law Group || 20-Sep-2013

Choosing to file for a divorce is a big decision for any person to make. Whether you are in an extremely unhappy marriage or you are simply ready to move on, the aspects of property division, child custody matters, and the like can be extremely overwhelming. It is for this reason that hiring a Mission Viejo divorce lawyer you can trust is so important. Here are a few common questions that people ask when they are getting a divorce.

If I move out of the home, is it considered to be abandonment?
This is a common myth that people believe about divorce and family law. If you choose to live somewhere else, you still have the rights to a percentage of your assets in the divorce.

How old do the kids have to be to ask for preferences with child custody placement?
In order for the judge to ask the child for where they would like to live, they must be at least 14 years old. Even in that case, the court may or may not choose to make their decision based upon the preference of the child. It is their responsibility to choose what will be in the best interest of the child, and that may be different than what the child wishes.

How short does the marriage have to be if I want an annulment?
If you choose to file for an annulment of marriage (to act as though the union never existed) there is no definite time cap. However, the laws that allow for couples to have their marriage made void can be strict. The most common reason being that one spouse did not have the capacity to actually consent to the union. For example, if the person lied about being of adult age.

If you have any further questions regarding your divorce, please contact Attorney Daniel C. Hunter IV, The Hunter Law Group, and today. We are ready to help you navigate through your divorce!