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Questions Answered by Lorna M. Jaynes
2 Answers | Asked in Divorce and Real Estate Law for California on
Q: I am married I want to get divorced. We have a morgage together. I dont want money from the house. i just want to leave.

He makes majority of the income. i heard something about a quick deed. how can I get out of the morgage?

Lorna M. Jaynes
Lorna M. Jaynes answered on Jun 7, 2020

If you are willing to give up your financial interest in the house it is your right to do so but I don't recommend conveying your interest in real property if you are still on the mortgage. If your husband did not pay, the lenders would seek payment from you and also, the loan would be on your... Read more »

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3 Answers | Asked in Family Law for California on
Q: In California, can I do a summary dissolution without my husband's participation? We qualify for one.

He is angry and even though he wants to divorce, he won't sign anything. We've been married two weeks

Lorna M. Jaynes
Lorna M. Jaynes answered on Jan 28, 2020

Sorry, you can't do a summary dissolution without his participation but you can try for a default judgment.

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2 Answers | Asked in Divorce for California on
Q: If a 401K has money prior to marriage and is contributed to after marriage, how is the increased value split in divorce?

This is for California.

As an extreme example, if I had $100,000 in my 401K in 1999, got married in 2000 and contributed $10,000 that year while married, if the account now has a value of $500,000, will the growth ($390,000) be evenly split or will it take into account the amount/percent... Read more »

Lorna M. Jaynes
Lorna M. Jaynes answered on Jun 26, 2018

The growth in the $10,000 contributed during marriage is community property; the growth in the $100,000 prior to marriage is separate property. A qualified domestic relations order to divide such an account would typically state that the interest acquired between the date of marriage and date of... Read more »

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1 Answer | Asked in Divorce for California on
Q: If I catch my wife cheating can I sue her lover for home wrecker?
Lorna M. Jaynes
Lorna M. Jaynes answered on Apr 26, 2018

No.

1 Answer | Asked in Family Law and Child Support for California on
Q: I owe $6,000 on child support I offered the mother $3,000 buyout she agreed how do I go about this
Lorna M. Jaynes
Lorna M. Jaynes answered on Apr 9, 2018

You and the mum should file a stipulation and order setting forth your agreement and the waiver of back child support.

1 Answer | Asked in Family Law and Immigration Law for California on
Q: can I get married here in the United States if he still married in another country as a citizen of that country

If I do get married will my marriage be valid

Lorna M. Jaynes
Lorna M. Jaynes answered on Mar 7, 2018

You cannot get married to a person who is married, regardless of where they were married or where they are or their spouse is. Your marriage will not be valid.

1 Answer | Asked in Family Law for California on
Q: How does biological father establish paternity in California when he is not listed on child's birth certificate?

Biological mother, now deceased, informed father on her deathbed that he was the biological father. Parents were never married. Child, now three years old, lives with biological mother's cousin. Looked at form FL-200 and form FL-300 which do not seem to be applicable. Who would the respondent... Read more »

Lorna M. Jaynes
Lorna M. Jaynes answered on Mar 5, 2018

File the FL200 and the Respondent is the child's mother.

2 Answers | Asked in Domestic Violence and Family Law for California on
Q: I left my husband of not even 5 years in 2011 because he was extremely abusive. He was arrested for beating me up and

I left him on that same day & came back to California from Arkansas. I have not seen him since. I've only spoke to him on the phone a couple of times when we had deaths in our families and that's it. I still talk to my step daughter occasionally though . Am I legally separated... Read more »

Lorna M. Jaynes
Lorna M. Jaynes answered on Mar 1, 2018

You are not legally separated. You can file in California since you have lived here at least six months and file in the county you have lived in for the last three months.

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1 Answer | Asked in Family Law and Child Support for California on
Q: Hello I left my husband we have 3kids and one on the way ..I asked 500$ every 2weeks he said no

If I file for childsupport you think I might get more than what I'm asking for ?

Lorna M. Jaynes
Lorna M. Jaynes answered on Feb 27, 2018

Child support is primarily a function of time and income, although with four children is it quite likely you would be entitled to child support. But again the amount, will be a function of the time the kids spend with each of you and your respective incomes.

1 Answer | Asked in Child Custody and Family Law for California on
Q: I need the passport of my 12 years old child his mom don't let me have it. We share 50% custudy, we never been mrried.

I need the passport of my son for a meeting with global entry. She doesn't let me have it. We both share 50% custody.

How can I enforce to have the passport for 2 days ? What are my rights as a dad for the passport where both agree to have ?

Lorna M. Jaynes
Lorna M. Jaynes answered on Feb 27, 2018

You both have equal rights to the passport so it is unfortunate that she won't allow you to have it. I generally think it is a good idea to try to resolve these issues through mediation rather than litigation, but it may be that you will have to file for a court order that the passport be shared.

2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Rights for California on
Q: How do i go about signing my parental rights away? Im not in the child's life & the custodial parent and i have dv past

We have not went to court for who will have full custody of the child. However, i think it's best for the child to be where he is, Due to the DV past with the other parent and i had, and i don't want that. it would cause a mess in my current life. How do i go about signing my rights away?... Read more »

Lorna M. Jaynes
Lorna M. Jaynes answered on Feb 24, 2018

It is typically not easy to sign away parental rights because you would also be signing away the child's right to a parent and courts are not keen to do that. Sometimes the custodial parent can have the other parent's rights terminated but not so easy the non-custodial parent.

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1 Answer | Asked in Criminal Law for California on
Q: My attorney that was a public defender is now the DA. trying to prosecute me on the same related case.

Can he do that;

Lorna M. Jaynes
Lorna M. Jaynes answered on Feb 21, 2018

Wow! No! Call the state bar.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: If I want a divorce from my wife, am I required by to pay alimony before the separation/divorce is legal and on paper?

I have a 3 year old son with my current wife. She left the house days ago after a big fight and told me she wanted a divorce. She took my son and some items from our house and kept the divorce intent up for 3 days until she finally changed her mind when she saw I was going forward to find a lawyer.... Read more »

Lorna M. Jaynes
Lorna M. Jaynes answered on Feb 16, 2018

There is no way to answer your question without far more information. Whether or not you will owe child support depends on the amount of time your son spends with each of you and each of your incomes. Whether or not you will owe spousal support depends on the length of the marriage, the ability and... Read more »

1 Answer | Asked in Divorce for California on
Q: my divorce was returned as rejected, the judge said i need to address spousal support for both parties.

dose that mean i need to fill out fl-343

Lorna M. Jaynes
Lorna M. Jaynes answered on Jan 29, 2018

Spousal support must be addressed in any judgment of dissolution. So, depending on the type of judgment and the jurisdiction, you either need to address the issue in a marital settlement agreement or FL343 or both.

1 Answer | Asked in Divorce for California on
Q: My husband and I have been separated for 5 years. We are just now going through the divorce process. I retired in 2016.

I transferred my retirement account into an IRA in my name only about a year ago. My husband signed and had notorized the spousal consent forms to do this. Is that money considered community property? Can he come after half as he claims he will do? He knew the account was in my name only.

Lorna M. Jaynes
Lorna M. Jaynes answered on Jan 27, 2018

Assuming the funds in the IRA were acquired through your efforts during your marriage it is community property.

2 Answers | Asked in Family Law and Child Support for California on
Q: Is the person receiving CS responsible for travel expenses to see the other parent? Ex. Airline ticket
Lorna M. Jaynes
Lorna M. Jaynes answered on Jan 25, 2018

If the court order addresses the issue then your answer is there. If the court order does not address the issue, there is unfortunately no right answer to the question - it depends. Commonly, travel expenses are shared equally or perhaps proportionally depending on the circumstances and sometimes... Read more »

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