Barry Ira Besser's Answers

If I have moved out of family residence, do I have to file legal papers to avoid future financial/legal issues?

There is no requirement that you file legal paperwork just because you moved out. That is not considered an abandonment of the family residence. However, if you want to make sure that there are certain orders in place, you may want to do so. Also, since you have appeared to have separated, at least physically, you may want to make sure that if you have any joint bank accounts, that you remove at least 1/2 of the money, otherwise, the other party could take all of the money out of those...

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Can I move out of state with my son?

You will either need to get written permission from the father, and if you cannot get that, you will need to file an Order to Show Cause requesting a move-away order. If you truly have both sole legal and sole physical custody of your son, it should be much easier to get the order that you want. If he opposes your Order to Show Cause, it is possible that the court may order what is called a "730 evaluation", to determine if that will be in your son's best interest. On the surface, it would...

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Am I allowed to appeal my divorce judgement that I believe was unfair. Alimony too high, judge didnt let me prove true salaries

You can always appeal a final judgment, however, the big question is whether or not you actually have grounds to win the appeal. You will need to contact an appellate attorney, so that they can evaluate exactly what happened. It is very possible that they would have to review the transcript of the trial to determine if the court abused its discretion, or whether there was some other reversible error. BARRY BESSER www.besserlaw.com

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In CA, if we have an MSA, do we need these other forms?

without reviewing your MSA, it is hard to say which other forms are required. Your disclosures have to be in, and the Judgment needs to be prepared properly. Also, if there are any pensions, IRA's, 401k's, etc., you need to make sure that they are handled as well. BARRY BESSER www.besserlaw.com

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Can i just serve my spouse the divorce summons since he recieved the rest of the forms the first serve

Yes, you will need to have the package properly served, so that a proof of service can be filed with the court. You are best off to have attorney representation. BARRY BESSER www.besserlaw.com

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Can my husband who filed for divorce throw me out of the house that I moved into after we got married

Unless there has been domestic violence in the house, he does not have the right to throw you out. He would have to try to get a court order, but as I said, without domestic violence, I don't see it being granted. Obviously, if it becomes uncomfortable for you, you may want to leave anyway, but that will be your call, not his. BARRY BESSER Attorney at Law (714) 978-1788

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Need DUI attorney in Newport Beach or Costa Mesa

I would be more than happy to discuss your case with you. It is also important that we arrange a DMV hearing within 10 days of your arrest, or the hearing will be waived. Please call me to discuss your case, and I will give you a quote at that time. BARRY BESSER www.besserlaw.com

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I have a trial setting conference in divorce court and do not have a lawyer what do i say

First, if your husband has a lawyer, you should get one as well. A trial setting conference is where the court determines if the matter is ready to be set for a Mandatory Settlement Conference, and/or Trial. If you don't have a lawyer, I would bet that proper discovery has not been completed yet. Don't delay any longer in getting representation. BARRY BESSER www.besserlaw.com

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Is it legal to buy underwear from a local store and resell it

I highly doubt it. Do you have a resale license?

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How successful can a motion 388 be if there is a bonding study that favors the mother?

388 MOTION IS USED IN DEPENDENCY COURT TO PRESENT NEW INFORMATION ABOUT YOUR CASE OR A CHANGE IN CIRCUMSTANCES A 388 IS FILED WITH THE COURT AND ON ALL PARTIES, IE ATTORNEYS, PARENTS, DA OR COUNTY COUNSEL 388 MOTION THE LAW Dependency order of juvenile court may be modified if the petitioner shows change of circumstances or new evidence, which establishes that modification of prior order, is in the minor's best interests. 388 MOTION RULES All petitions must be liberally construed in...

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