PRACTICE AREAS

PROPERTY DIVISION/

FINANCIAL MATTERS

 

Complicated and complex financial issues often arise in family law cases, especially for families and individuals with significant income, assets, business interests, and/or property holdings.

 

These intricate financial issues can surface in a variety of situations, especially in resolving the determination of one’s income for support purposes, the valuation of a marital or non-marital estate, the dissipation of marital assets, or in the valuation of a business interest or real estate holding.

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Emily Vance has the knowledge and experience to represent you in any divorce matter, from the most basic, uncontested divorce, to those that involve complex financial disputes.

CHILD CUSTODY

 

Children are often the most important part of a divorce proceeding.  Custody disputes can be devastating to both parents and children.  There are many options available to you if you are faced with a contested custody case. 

 

It is preferable to  resolve custody matters outside of contested litigation, due to the destructive potential that litigation can have on families and children.  Custody litigation  can also be extremely costly and emotional and it can take a considerable amount of time to navigate through the court system. Custody litigation requires planning, strategy, and a complete understanding of the steps necessary to achieve the desired outcome.

 

The best interests of the children should be paramount in formulating the best strategy for you and your family.  It is critical for you to understand your options, your rights, and possible solutions to avoid the expense and acrimony of custody litigation. However, if custody litigation becomes necessary, Ms. Vance has extensive custody litigation experience to passionately represent your interests. 

 

 

CHILD SUPPORT

 

Establishing a child support order during a divorce or separation is important for maintaining stability and consistency for children. Calculating child support payments and determining the amount of support you may be entitled to receive is often difficult.  You need a support arrangement that meets the needs of your child.

 

Emily Vance not only determines child support amounts with accuracy and efficiency, but also explains the support guidelines, and how the laws will likely impact your case.

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SPOUSAL SUPPORT

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During a divorce proceeding or in a modification proceeding, spousal support may be ordered by the Court or the parties may agree on an amount and duration of support.

 

In California, there are different standards for temporary spousal support and long term spousal support.  At both support stages, the Court is given wide discretion to determine whether spousal support is appropriate, and if appropriate, the amount and duration of the support.

 

Skillful advocacy is critical for helping you reach your desired support outcome. Emily Vance can assist you in evaluating the various factors that affect the determination of a support award either in an original or modification proceeding and assessing how they apply in your case.

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PREMARITAL/POSTNUPTUAL AGREEMENTS

 

A Premarital Agreement, commonly referred to as a Prenuptial or Antenuptial Agreement, is a legally binding contract, entered into by the parties before marriage. A Premarital Agreement allows parties to identify their respective assets and debts at marriage and enables parties to define the financial rights and parameters that will apply to them upon marriage.

 

A Postnuptial Agreement is an agreement  parties enter into after marriage. when they wish to provide for a specific division of assets/debts or the fulfillment of certain obligations.

 

Both types of agreements provide parties with  a clear understanding concerning their financial rights and obligations in the event of dissolution of marriage or death. 

 

Emily Vance can assist you with the drafting and negotiation of your Premarital or Postnuptial agreement. 

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PARENTAGE/PATERNITY

 

Parentage cases, also called “paternity cases,” arise when the parents of a child are unmarried.  These cases progress similarly to that of a traditional divorce, where issues of child support, visitation/parenting time are litigated.

 

In these cases, the court establishes the rights and responsibilities of unmarried parents and their children by providing for recognition of a parent-child relationship as well as addressing issues of support, custody and visitation.

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Emily Vance can assist you with understanding your parentage rights and developing a strategy to reach your desired outcome.

DOMESTIC VIOLENCE

 

Domestic violence is unfortunately prevalent in many family law disputes.  Domestic violence is not limited to spouses; it can occur between parents and children, friends, and acquaintances who reside together.

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A victim of domestic violence or abuse may be suffering from intimidation, stalking, sexual abuse, harassment, physical abuse, and/or emotional and mental abuse.

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Due to the sensitivity and seriousness of these issues, domestic violence and abuse cases must be handled with the utmost confidentiality, care and sensitivity during the process of obtaining court-ordered protection and relief from the abuser.  

 

Ms. Vance understands the importance of acting quickly to address and resolve domestic violence issues so that a victim of abuse can safely and peacefully move forward with his/her life.

POST-JUDGMENT ENFORCEMENT AND MODIFICATION

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After a Judgment for Dissolution of Marriage or Legal Separation is entered,  issues may arise with the enforcement, execution or interpretation of the terms of your Judgment.

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Additionally, the provisions of the Judgment related to child support, spousal support, custody or visitation may be modified depending on the facts and circumstances of each situation. 

 

Emily Vance can address issues regarding the enforcement or modification of your previously-entered Judgment or Order and can help you obtain appropriate relief.