Rebecca Hughes Tran
Rebecca Tran is an experienced Trial and Divorce Attorney who has been practicing law in Santa Clara County for more than 20 years. She is a California State Bar Board of Legal Specialization Certified Family Law Specialist
Rebecca provides representation and consultation in contested divorces in addition to serving as a mediator for clients who wish to jointly negotiate settlement. She specializes in resolving complex property division issues, including valuation and characterization of closely held companies and professional practices, and in resolving issues related to child and spousal support. Regardless of the size of the community estate, Rebecca works with clients to evaluate the cost-benefit of available courses of action. She has represented clients who are, or who are married to, directors and vice presidents of Fortune 500 companies, partners and shareholders in various types of professional practices, and consultants and executive officers of private companies. She has handled cases involving community estates of all sizes, including those valued in excess of $30 million dollars. She practices only in Santa Clara County, where she is familiar with the attorneys and judges. She serves as Judge Pro Tem in Superior Court at mandatory settlement conferences and on the default judgment calendar.
She provides both representation in contested cases and divorce mediation services. As a mediator, she works with both parties to resolve the case without court. Mediation is a more private and generally less expensive approach to divorce. It allows parties to resolve the divorce, or certain issues relating to the marriage, in a non-adversarial setting. The parties meet in the firm's San Jose office, rather than appearing in court. When hired as a mediator, Rebecca educates both parties about the law and explains the legal procedures which must be followed for a divorce to occur in California. Rebecca also prepares those forms necessary to begin the divorce process, helps them craft a settlement agreement, and prepares the judgment for entry. When hired to fully represent a client, she works to resolve matters without court intervention. However, if a dispute cannot be resolved, Rebecca provides strong and effective representation in court.
The issue that typically arise in both contested cases and in mediation related to division of property include:
- determination of whether an asset is community property or the separate property of one spouse
- determination of whether a spouse has a separate property interest in a community asset
- determination of whether the community has an interest in a spouse’s separate property
- valuation of small businesses and professional practices, pension plans, and real estate
Issues that typically arise in setting spousal support include:
- determination of the earning capacity of both spouses
- determination of the income that a court would find available for support
- determination of the marital standard of living
- in a long term marriage, weighing of the factors a court is required to look at in setting spousal support
- determination of whether and when support should terminate
Before opening her own family law practice in 2007, she spent six years at the firm McManis Faulkner where she handled business and corporate cases and took on several high-profile civil cases that went to trial with successful verdicts. At McManis she was also lead associate attorney on a number of high-asset divorce cases. Rebecca has handled numerous appeals and has argued several times before the Sixth District Court of Appeal. She is a member of the Vietnamese American Bar Association of Northern California and a volunteer for Maitri. She served for two years on the Board of Managers of the YMCA of Santa Clara Valley, Central Branch and the Santa Clara County Women Lawyers Committee. In 1898, before becoming a lawyer she was a reporter for the Gilroy Dispatch.
She is a graduate of Smith College and the University of California, Davis, School of Law.