The Law Office of David J. Polan stands ready and willing to meet your legal needs
and will provide services at a reasonable price. Our promise is to represent you and to fill your needs in a prompt,
efficient, and ethical manner. We pride ourselves on having been “Your Neighborhood Lawyer” since 1990.
David J. Polan graduated from the John Marshall Law School in June 1975 with the degree of Juris Doctor. He was
the youngest new attorney admitted to the Illinois Bar that year. After practicing for several years in the Chicago
area, he relocated to Tucson, Arizona. He was sworn in as a member of the Arizona Bar in October 1990. Mr. Polan
is licensed in the states of Arizona and Illinois, the United States District Court for the Northern District of Illinois,
the United States District for the District of Arizona, and the Seventh Circuit Court of Appeals.
In determining where to begin his practice, he observed that the southwest side
was extremely unrepresented by attorneys who could provide a variety of services at reasonable prices. He chose his
location in order to provide legal services for people who found the downtown area inconvenient or who needed to use the bus
for transportation.
He takes great pride in being known as “Your Neighborhood Lawyer.”
The Law Office of David J. Polan concentrates on the following areas of law:
1. Family Law - including:
2. Juvenile Law - If you
know a young child of a relative who needs help . . . call someone for advice with 12 years of experience with the Juvenile
Court System! Including:
3. Wills & Probate - Get what YOU want! Including
the preparation of:
Since we are working for you, you must get what
it is YOU want. Therefore, until we have it the way you want it, the original price quoted to you is the only price
charged. The only way there would be additional charges are if you came back after your will was signed and you wanted
to make changes at that time. Wills are done based on a flat rate fee and not on an hourly basis.
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Family Law:
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Divorce
The Dissolution of a marriage. To obtain a divorce in Arizona, you must have lived
in Arizona for more than 90 days prior to filing the lawsuit. The marriage must be irretrievably broken with no prospects
of reconciliation. The court does provide free marital counseling services, and both spouses can be ordered to attend. However,
if both parties agree that it would not be beneficial, the court will not order it on its own. If there are children, each
party must take the Parent Information Program before the court will grant a final decree. If the non-filing spouse does not
take it, that spouse cannot get any relief until the course is taken. Since Arizona is a “No fault” state, the
only grounds for divorce is that you no longer wish to be married.
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Legal Separation
In a legal separation, the parties must both agree that they will remain married
in name only. All other issues are dealt with, including custody, visitation, and division of assets and liabilities.
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Child Support
Court-ordered support paid by one spouse to the other who has custody of the children
after the parents are separated.
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Custody
There are two types of custody, legal custody and physical custody. Legal custody is where both parents participate in
the decision-making regarding the raising of their children. Joint legal custody does not mean equal parenting time. Physical
custody is with whom the child will reside, and can be divided in many different ways based upon the agreement of the parents.
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Visitation Rights
The right granted by a court to a parent (or other relative) who is deprived of custody of a child to visit the child on
a regular basis.
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Adoptions
To take into one's family through legal means and raise as one's own child.
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Spousal Support (Also known as Alimony)
Spousal support is where one spouse pays another spouse sufficient funds to help meet that spouse's financial needs. The
awarding of spousal maintenance is based upon certain statutory requirements.
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Mr. Polan also has experience in doing Adult Adoptions.
The State of Arizona allows adults to adopt other adults. It is generally used where a stepparent wants to make the relationship
legally permanent. This allows the adopted adult to have the same rights as the natural children of the parent.
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2. Juvenile Law
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Juvenile Delinquencies
A delinquency is used when a child under the age of 18 is involved. The offense can be either a misdemeanor or a felony.
The purpose of the delinquency laws are twofold. The first is to make the minor to understand and take responsibility for
their actions. The second is to rehabilitate the minor so that the minor doesn't do it again.
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Dependencies. Problems with CPS?
A dependency is a legal situation where there is no parent or guardian able or capable of providing for a child. The reasons
can be both technical, such as a parent not having a custody order, going all the way to physical abuse or substance abuse
by the parent. There are private dependencies and there are dependencies filed through the State by Child Protective Services.
If you know of a child that is in danger, and CPS will not become involved, you can take steps on your own to protect that
child from harm.
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Severance
A severance is a termination of the parental rights of a biological or adoptive parent. There are a number of grounds on
which a severance can be brought, and the burden of proof is clear and convincing evidence. The court must also be convinced
by a preponderance of the evidence that it is in the best interest of the child to terminate the parents' rights. Once again,
a severance action can be brought either by the State or by a private individual. The Pima County Juvenile Court has an unofficial
policy where it will not sever one parent's rights unless it can be proven that failure to sever would hurt the child or that
there is a benefit to the child by severing. A severance is generally followed by an adoption.
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Guardianships
A guardian is a person who is legally responsible for the care and management of the person and/or property of an incompetent
or a minor. Guardianship can be obtained under the Juvenile Code or the Probate Code. Guardianship obtained under the Juvenile
law is generally more permanent in nature and more difficult to end.
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Adoptions
When a child is adopted, it is as if the biological parent ceased to exist. The adoptive parent's name is placed on the
birth certificate and the obligation of the new parent to the child is as if that parent was responsible for giving birth
or helping to give birth to that child. While the Law Firm has done adoptions, generally speaking, these cases are referred
to the Pima County Attorney's office who is charged to perform adoptions for the citizens of Pima County at cost.
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3. Wills & Probate
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Wills
When the Law Firm prepares a will, a determination is made in the initial appointment at to the wants and desires of the
client. After that determination is made, a price is quoted and these prices generally begin at $400 and rarely exceed $500.
We understand that attempting to determine where your property should go, who should be in charge of your children, etcetera,
can be difficult and confusing. The Law Firm has a specific methodology of getting you what YOU want. At the initial visit,
the Law Firm will take information from you and put together a will. When the will is mailed to you, three things can happen:
1) It's exactly as you want it to be and you make arrangements to come in and sign.
2) There are some minor errors that need to be corrected.
3) You decide that everything you told us the first time is not what you want and you want to make wholesale changes.
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Living Wills
A document whereby you indicate what YOU want in the event that you are being kept alive by machines and there is no possibility
of recovery. The recent case on the news regarding whether the patient did in fact desire to die or did not desire to die
highlights the need for every adult to have a living will. The decision to stay alive in a terminal condition or a persistent
vegetative state without hope of recovery is the decision for you and you alone. It should not be made by family members,
lawyers, the courts, the governor, or the president.
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Power of Attorney
A Power of Attorney is necessary to allow your chosen agent to handle your affairs if you are unable to do so. While there
are many different kinds of Power of Attorney, at this point we are talking only about general Powers of Attorney. You can
choose two ways to do this. The first is to sign a General Power of Attorney, which enables your agent to take action for
you immediately. The second type of Power of Attorney is where the power to act for you only takes place when you become disabled.
This disability must be such that you absolutely cannot handle your own affairs. In order for this power to take effect, a
committee of your choosing must certify in writing that you are unable to handle you regular affairs. The power remains in
effect for so long as all members of your committee are willing to so certify in writing.
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Healthcare Directives
A Healthcare Directive is a document by which you choose who you want to make health care decisions if you are unable to
do so due to injury or disability. It should not be confused with the Living Will because the Living Will is the document
which instructs medical personnel to stop life support. If you do not have a Healthcare Directive, there are certain provisions
in the law where by certain people are designated to make the decisions; such as your wife, children, etcetera. The Healthcare
Directive lets you choose the person that you want to make these decisions if you are unable.
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