Lorna M. Jaynes

Because divorce is a problem to be solved, not a battle to be won, I focus on alternatives to the court system, through Collaborative Law and Mediation. I believe that most families and children are best served by being supported to work together in resolving their family matters. The fundamental goal in both Collaborative Divorce and Mediation is client empowerment.

With either mediation or the Collaborative process you will have control of the decisions that are made and will be firmly supported, legally and emotionally, in achieving a successful dissolution of your relationship. This not only allows but also encourages you and your partner to create, or leave open, lines of communication that are of enormous benefit to the whole family.

Working as a team, we can achieve a successful resolution of the issues in dispute without the bitterness and acrimony engendered by the adversarial process. We are based in the Alameda County town of Newark, an enclave of Fremont, and serve many localities in Northern California such Santa Clara County and San Mateo County. Please contact us today to discuss your situation with a Fremont divorce attorney and feel free to view the additional information on collaborative processes and mediation addressed in further detail throughout this website.

• Arbitration & Mediation
• Civil Rights
• Divorce
• Family Law

• Free Consultation
• Credit Cards Accepted

California

Since 1999

Law & Mediation Office of Lorna Jaynes

Current

Santa Clara University School of Law

J.D.

1999

Honors: Dean’s List; AmJur award Legal Research & Writing Comment published in Santa Clara Law Review, Emissions Trading: Pollution Panacea or Environmental Injustice

Activities: Sr. Articles Editor, Santa Clara Law Review

University of Victoria, Victoria, B.C., Canada

B.S. | Biology & Psychology

1982

Wiley Manuel Award for Pro Bono Service

State Bar of California

2006

International Association of Collaborative Professionals

Member

Current

Collaborative Practice Silicon Valley

Member

Current

Collaborative Practice East Bay

Member

Current

Association for Conflict Resolution

Member

Current

Mediators Without Borders

Founding Member

Current

International Alliance of Holistic Lawyers

Member

Current

Academy of Professional Family Mediators

Founding Member

Current

California State Bar

Member

Current

Santa Clara County Bar Association

Member

Current

Alameda County Bar Association

Member

Current

Collaborative Attorney

International Academy of Collaborative Professionals

Family Mediator

Academy of Professional Family Mediators

Q. In California, can I do a summary dissolution without my husband's participation? We qualify for one.

28 January 2020

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

Q. I owe $6,000 on child support I offered the mother $3,000 buyout she agreed how do I go about this

31 December 2018

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

Q. Is the person receiving CS responsible for travel expenses to see the other parent? Ex. Airline ticket

10 December 2018

A: 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 one person might be responsible. But, ideally, rather than going to court to litigate an issue like this, the parties could try to work together through perhaps mediation, to reach an agreement that works well for both. This is certainly recommended before filing any motions.

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?

27 November 2018

A: 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 opportunity to earn, the assets and debts in question, the extent one earns less because they have been a stay a home parent, among other factors as well. And child support and spousal support don't have anything to do with wither or not you are legally separated or divorced. Your next steps should probably be predicated on whether or not you and your wife want to remain married or whether it might be best to separate and divorce, not on who might have to pay support. Ideally, since you have a child together and will be co-parents forever, you can find a way to end the marriage and have a positive and supporting co-parenting relationship.

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

21 November 2018

A: 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.

Q. Hello I left my husband we have 3kids and one on the way ..I asked 500$ every 2weeks he said no

20 November 2018

A: 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.

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.

20 November 2018

A: 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.

Q. My ex said her 1st marriage was annulled in CA. She said bc it was < 1 yr & he cheated, they could anull. Is that true?

21 September 2018

A: No.

Q. If a 401K has money prior to marriage and is contributed to after marriage, how is the increased value split in divorce?

26 June 2018

A: 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 separation, plus any investment gains/losses thereon is divided equally. So the premarital interest and any gains thereon remains separate property.