Our Commitment

I handle complex property divorce, legal separations and all related family law matters including support and child custody related issues. I am an experienced courtroom attorney, but will mediate a solution as appropriate.

The cornerstone of my firm is the quality relationships. As we move forward with your case, I will stay in contact with you to ensure that all of your concerns are addressed, and that all of your needs are met.

We provide our clients with personal attention and effective legal guidance throughout every phase of the case. Many satisfied clients refer their family members and friends to our firm.

We offer mediation services and will work hard to reach solutions outside of the courtroom. If your case is not coming to a fair conclusion, we have extensive litigation skill to fight for your right to an equitable settlement.

As an experienced and dedicated Orange County Family Law Attorney for over 30 years, I have represented clients at all levels of the California state court system, and in the United States District Court Central District of California. My firm is well-respected by lawyers and judges, and we have developed a solid reputation within our personal and professional communities.

In addition to my practice, my accomplishments and current experience includes:

• Voted Top 5 Lawyers in Orange County Family Law, OC METRO, 2009
• Voted One of Southern California Super Lawyers, 2004
• Master Bencher - William Gray Lex Legion Inn of Court for over 15 years
• Orange County Superior Court Arbitrator for over 15 years
• Chair, OCBA Family Law Resolutions Committee to State Bar for over 20 years

If you or a loved one needs the representation of an experienced Orange County Family Law Attorney, call Barry I. Besser at 714-643-2820, or complete the contact form provided on this site to schedule your appointment. Se Habla Espanol.

Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts. When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to. ; The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation.

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments. ; Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge. Child support is usually determined by state-sanctioned guidelines.

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Adoption:
Adoption is the legal process by which a person becomes a lawful member of a family different from their birth family.  Once a final order of adoption has been ruled by a court of law, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them; subsequently, an adopted child gains the same rights as birth children in regard to inheritance, child support and other legal matters.  In most U.S. jurisdictions, at the time the adoption is finalized, the adopted child's name is legally changed and the court orders the issuance of a new, amended birth certificate.

Divorce Mediation:
The basic attitude marking divorce mediation is a focus on solving problems, not fighting the fight. Family mediation is a voluntary process which gives a divorcing or separating couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation. The strength of a mediated agreement is that it is built by both parties together in an open process that requires all participants to recognize and make accommodation for the needs of the other participants, often without having to compromise one’s own.

While no two situations are alike, the emphasis in a mediated approach is to achieve a satisfactory settlement in an efficient, cooperative manner. This might include "four-way" settlement conferences where the parties meet along with their divorce mediation lawyers to work on a settlement. The philosophy of Divorce Mediation is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial.

Paternity:
Paternity covers all the matters related to proving the parentage of a child or children. For married couples, paternity of a child is assumed to be the spouse, unless there is a court order or judgment stating otherwise. For unwed parents, paternity can be established by signing an Affidavit of Parentage or by filing a paternity action with the court.

Legally establishing paternity or determining that someone is not the parent of child can have a significant impact on divorce settlements, property division, child custody, child support and the ability to move out of state. Determinations of paternity can also have a significant impact on interstate conflict between unwed parents.

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided. Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings. However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate. If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse. Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married. This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage. Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.

A factor that cannot be stipulated in a prenuptial agreement is child support. A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support. Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation.

If you or a loved one needs the help of an experienced Orange County Family Law Attorney, call Barry I. Besser at 714-643-2820, or complete the contact form provided on this site to schedule a free consultation. Se Habla Espanol.

If you or a loved one needs the help of an experienced Orange County Family Law Attorney, call Barry I. Besser at 714-643-2820, or complete the contact form provided on this site to schedule a free consultation. Se Habla Espanol.

ADDRESSES OF THE FIRM:
Law Office of Barry I. Besser
Phone: 714-643-2820
Fax: 714-921-8857
Hours: M-F, 8:00AM-5:00PM

Orange Location:
333 City Boulevard West, Suite 1700
Orange, CA 92868

Newport Beach Location:
5000 Birch Street, West Tower
Suite 3000
Newport Beach, CA 92660
 

Attorney Barry I. Besser

My firm, which is based in Orange County, has served in the State of California since 1979, handling family law, which includes divorce, custody, visitation & support; personal injury, such as auto accidents and slip & fall matters; civil litigation; and criminal law, including DUI cases.

I am the Chairman of the Family Law Resolutions Committee to the State Bar on behalf of Orange County, and have been appointed by the Orange County Superior Court to serve as an Arbitrator of Personal Injury cases, and to sit as a Judge Pro Tem. I am a member of the Board of Directors of the Orange County Bar Association, a past board member of the Orange County Trial Lawyers Association, Past-President of the Orange County Barristers, and belong to the Orange Rotary Club.

Bar Admissions:

• California, 1979
• U.S. Dist. Court Central Dist. of California, 1980
• U.S. Supreme Court, 2000

Education:

• Western State University College of Law, Fullerton, California