Frequently Asked Questions

1. Can I move out of state with our children?

Once a party files a dissolution action, neither party can remove children from the county in which they reside or the State of California without a written agreement or an order of the Court.

2. Will my spouse have to work even though he or she is currently not working?

The Court can order an unemployed spouse to make job contacts and seek employment if they are able to work.

3. Will I be able to stay in the house with our children?

A party may be able to remain in the residence with children during the dissolution process. The issue is how the mortgage or rent will be paid during the dissolution. The parties can reach an agreement on how the monthly obligations will be paid and by whom.

5. Will I be able to keep the house?

In order to keep the house, a party must be able to refinance the existing loan and buyout the other party’ s equity interest in the residence. A party needs to determine whether they qualify for a refinance. The residence should be appraised to establish the community’ s equity.

Testimonials

Can’t imagine too many people enjoying having to engage a family law group but when needed you can’t afford to settle for anything but the best. Jessica, Jane’s associate attorney, continues to prove to be what every client should be looking for—responsive, respectful, understanding, and compassionate while never losing site of tenaciously and aggressively pursuing her client’s objectives. A single dad, fighting all the usual uphill battles, Jessica has never let me down. Diligently fighting and more importantly winning! Over the last couple years, Jessica has been monumental in successfully pursuing my custody objectives. I can’t thank her enough. She has an amazing mentor in Jane, the two of them are certainly a champion team.—Chris P.

6. Who will have to pay the debts we have incurred?

Debts incurred during the marriage belong to both parties and can be allocated equally. The parties can reach an agreement regarding the division of the debt incurred during marriage . Debt incurred after the parties separate belongs to the party who incurs the debt.

7. Will I be able to keep my vehicle?

Each party can keep the vehicle in their possession. The value of the car should be established through Kelley Blue Book and any loans on the car will be deducted from that value and the other party is entitled to receive one half of the “equity” in the car. The parties can agree to each take a vehicle and be responsible for monthly loan payments, insurance etc. It is important to have your name removed from any loans on vehicles you are not going to keep.

8. Who will pay my student loans?

You are ultimately responsible for a student loan. However, if the community made monthly payments on your student loan during the marriage, the issue is whether the community benefited from your education. The community could be reimbursed for payments on your student loan if the community did not receive the benefit of your education or profession.

9. How does mediation work?

Mediation is a structured and collaborative process in which a neutral third party, known as a mediator, helps individuals or parties in conflict to communicate, negotiate, and reach mutually acceptable agreements. The mediator facilitates open and productive discussions, encourages active listening, and assists participants in identifying their interests and needs. Through this process, mediation aims to resolve disputes amicably, avoid costly litigation, and promote understanding and cooperation among the parties involved.

10. Who gets our dog?

Pet custody is now a legitimate issue in California. The parties can agree to share the pet or have one party have primary custody while allowing the other party to have visitation and spend time with the pet. Custody decisions will be made using the best interest standard, i.e. which party will take better care of the dog, who is the dog bonded to? As with all custody issues, if the parties are able to reach an agreement, the better it is for the parties and for the dog!

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