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Baumann, Kelly, Paytas, & Bernstein - Phoenix, 
    Arizona law firm Baumann, Kelly, Paytas, & Bernstein - Phoenix, 
    Arizona law firm
 
 
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Family Law

Baumann, Doyle, Paytas & Bernstein, P.L.L.C. offers a full range of legal services concerning family law, including:
  • Divorce or legal separation proceedings
  • Paternity proceedings
  • Enforcement of court orders for visitation or child support
  • Modification of Child Support
  • Modification of Custody or Visitation
  • Relocation of parents and child(ren) outside the State of Arizona.
  • Annulments
  • Complex property and debt issues
  • Spousal maintenance/alimony modifications and enforcements
  • Parenting time/visitation issues (including modifications & enforcements)
  • Interstate child support and interstate custody issues
  • Orders of protection and restraining orders
  • Grandparent rights
  • In Loco Parentis (custody by a non-parent)
  • Pre-marital and post-marital agreements

Members of the firm have represented individuals involving divorce proceedings where millions of dollars in community assets are at stake, as well as simply uncontested divorces with limited assets.

There are a range of legal services available from consultation services, to document preparation services to limited appearances and finally to full legal services.  It may not be necessary to retain an attorney for the entire case where the issues of fact and law are clear.  Such limited legal representation provides a lower cost alternative to full representation and more legal protection than no representation.  

Attorney Robert L. Baumann is a professionally trained Family Law Mediator and is available to conduct family law mediation and use other methods of Alternative Dispute Resolution.
 
Our fees for these services vary depending on the complexity of the case.  Sometimes the fee is a one-time “flat fee” and other times our services are billed at an hourly rate requiring a minimum advance payment or fee, also known as an “initial retainer.”  Legal fees are established by written agreement following an initial one-hour appointment with an attorney in our firm.  The fee for the initial appointment is $100.00.   

FREQUENTLY ASKED QUESTIONS REGARDING FAMILY LAW

Question:

What is a legal divorce?

Answer:  A legal divorce is a method of terminating a marriage between two individuals.  The courts call it dissolving a marriage.  From a legal standpoint, a divorce will give each person the legal right to marry someone else, legally divide up the couple’s assets and determine the care and custody of children.  Arizona has adopted the Family Law Rules of Procedure in order to implement its marriage and divorce laws. 
 
Question:

What are the legal grounds for divorce in Arizona?

Answer:  

Either husband or wife must be a resident of Arizona for at least ninety (90) days before a Petition for Dissolution (i.e. divorce) is filed with the court.  The petition must declare if there are any children that are minors, if the wife is pregnant or not and must also declare that the marriage is irretrievable broken and there is no prospect of conciliation.  Finally, the petition must declare that marriage counseling, either available privately or through the courthouse, will be of no help in reconciling the marriage.

These declarations are required only by one spouse.  A divorce cannot be prevented even if the other spouse opposes the dissolution. 

   
Question: What impact does a child’s age have on custody issues and visitation scheduling? 
Answer:   There is no Arizona law which identifies a specific age to resolve a custody issue or a visitation schedule.  There are some guidelines available through the Maricopa County Superior Court and the Arizona Supreme Court.  In general, children of different ages have different needs regarding visitation scheduling which may need to be adjusted depending on the parenting skills or schedules.
   
Question: Can I terminate visitation if I am not being paid the support I am owed?
Answer:   No.  Tempting as it may be to terminate visitation if child support has not been paid, you may not do so.  The right to visitation under Arizona law is never conditional on the payment of child support. 
   
Question: How is child support determined?
Answer:   Arizona has adopted the Arizona Child Support Guidelines that is essentially a formula to determine child support.
   
Question: Can I get child support if I never married the child’s other parent?
Answer:   Yes.  Both biological parents owe a duty of financial support and an order of support can be obtained once paternity has been established by the court.  Legal paternity is a little different than having a birth certificate that identifies the parents because a court cannot issue a child support order without a legal decree of paternity.
   
Question: When do I need an attorney for divorce, annulment or legal separation? 
Answer: That depends on the complexity of the issues involved.  In many instances it is advisable to consult with an attorney to explain the issues and to determine whether the complexity justifies retaining an attorney.  In many instances the issues are not complex and an individual can represent himself or herself in these proceedings, although it is advisable just to periodically consult with an attorney or to retain the attorney for the document preparation or for limited court appearances. 

 

       
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Baumann, Doyle, Paytas & Bernstein, P.L.L.C.     2929 N. 44th Street      Suite 120     Phoenix, AZ 85018-7239     Phone (602)952-8500       Fax (602)667-6552

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