Emily DeLong

Meet Attorney/Paralegal Emily DeLong

Determined to uncover every stone in a case, I am here to diligently help you get the best possible outcome.

After graduating from the University of Colorado in 2006 with a major in Political Science, I earned my Paralegal certificate from Kaplan College in Denver in June 2007. I began working for The Law Office of Rebekah A. Frye in October 2007. I received a Juris Doctorate from Lincoln Law School of San Jose in 2016. I work directly with Ms. Frye in the drafting of legal pleadings, communications with clients and opposing counsel, and preparation for hearings and trials.

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Frequently Asked Questions

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I don’t believe that there is ever the clear case of winning or losing an issue in a family court dispute, and I often tell my clients that success is measured by different degrees of misery.  If you really think about it, when a marriage is dissolved, assets split, liquidated and proceeds divided, or children are required to spend time in different households and not see a parent that they are used to seeing every day, how these issues are sorted out never really amounts to a victory for anyone, especially for children.

This isn’t a football game, there isn’t a playoff and certainly, nobody is getting a trophy.  Anytime you place the facts of your case, your family, your assets in the hands of a member of the judiciary, you are always taking a risk.  That judge, no matter how thoroughly they read the papers submitted by your lawyer and the lawyer representing your former spouse, will never know the facts as well as you do, the temperament of your children, or necessarily have the insight into your former spouse’s perceived motivations as you may hope they do.

As lawyers, we must deal with the facts as they are presented to us – we can’t change the past and we rarely change the law.  A competent lawyer will explain to you the strengths and weaknesses of your case and how your individual facts fit into the workings of the law.  A good lawyer, one who truly has your best interests and those of your family at heart, will never promise you a victory or tell you that you case has an “x” percent chance of success.  We are not fortune tellers and even strong cases have risks.

Your best outcome is one in which you are prepared for the menu of likely outcomes by your lawyer and most importantly, where your lawyer is prepared to present your case as best they can with the facts they have and applicable law.  We can promise you that we will be prepared to support your position with all of the tools available to us but any lawyer who promises you a certain outcome is making a promise that he or she will never be able to guarantee.

Rebekah A. Frye, CFLS
Law Offices of Rebekah A. Frye, CFLS
8 N. San Pedro Street, Suite 230
San Jose, CA 95110
t: (408) 200-1540
f: (408) 275-9035

California is known as a community property state. Even so, please forget what you know about community property in California; or more importantly, forget what you think you know or what your friends who have gone through a divorce have told you about their understanding of community property.  Community property law in California is complicated and is rarely as cut and dry as dividing property (assets, bank accounts, consumer debt) equally between the spouses.

Many times during a marriage, spouses hold title to property, real estate for example, in various forms that can have a material affect on how that property is divided during a marital dissolution.  During marriage, we trust and believe our spouses, as we should, and will often follow their lead in signing documents such as deeds to property or tax returns.  These marital conversations are rarely sufficient evidence to support a parties’ belief about actual ownership of such property when the parties are going through the emotional turmoil of a divorce.

For example, you and your husband purchase a house together before marriage and never get around to changing the title after the wedding.  Years may pass where both of you contribute to the payment of the mortgage, taxes and insurance for the house you believe to be “ours”.  How a house is titled and whether that house in this example is community property or not is complicated and you may find that the assurances given to you by your spouse that title doesn’t matter are far from accurate – maybe not because your spouse had ill intentions or because he or she was trying to cheat you out of your financial “share” of the asset, but because few people who are not lawyers (and even some who are) truly understand how this area of law works.

We do not begin a marriage contemplating a later divorce.  Understanding your property rights is very important whether or not you are contemplating ending your marriage.  Transactions during a marriage that may seem mundane or insignificant may have a resounding impact on the expectations versus the realities of a divorce.  We have a wealth of experience in complicated financial matters and are here to help you understand how the law will apply to the unwinding of the financial component of your marriage will work.

Rebekah A. Frye, CFLS
Law Offices of Rebekah A. Frye, CFLS
8 N. San Pedro Street, Suite 230
San Jose, CA 95110
t: (408) 200-1540
f: (408) 275-9035

This is one of the most commonly asked questions, and one that has absolutely no definitive answer.

Each and every case is unique and there is no way to anticipate how much a case will cost. There are, however, a variety of factors that affect the overall cost. The need for forensic accountants, custody evaluations, enforcement of orders, discovery issues, opposing counsel, and the level of conflict all contribute to the overall cost of a dissolution.

During the initial consultation, we try to obtain the necessary information to enable us to create a strategic plan for your specific case. However, we cannot predict how the entire case will unfold and it would be a disservice to the client to set a financial expectation.

Rebekah A. Frye, CFLS
Law Offices of Rebekah A. Frye, CFLS
8 N. San Pedro Street, Suite 230
San Jose, CA 95110
t: (408) 200-1540
f: (408) 275-9035

Just with any area of law, whether or not the parties will be required to go into court depends on the specifics to that particular case. The court may, but not always, grant a party permission to appear by phone. Additionally, if the parties are able to reach agreements on all aspects of the case, they may avoid the need for a court appearance.

Rebekah A. Frye, CFLS
Law Offices of Rebekah A. Frye, CFLS
8 N. San Pedro Street, Suite 230
San Jose, CA 95110
t: (408) 200-1540
f: (408) 275-9035

California Divorce lawyer Rebekah Frye and her team specialize in handling contentious divorce and complex litigation – especially issues dealing with property division, child custody, relocation, cryptocurrency, and support.

Rebekah A. Frye, CFLS
Law Offices of Rebekah A. Frye, CFLS
8 N. San Pedro Street, Suite 230
San Jose, CA 95110
t: (408) 200-1540
f: (408) 275-9035

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