What types of services can you provide?
Every Attorney you meet with will be a licensed, experienced, Arizona attorney. We can provide every service that a traditional attorney can provide. We can draft documents, help you conduct discovery, provide mediation services, provide coaching, legal research, draft your pre-trial memorandum, help you prepare for trial and more.
What are your rates?
Our rates are customized to each client and situation. Generally, you can expect to our attorneys to charge between $200-$300 per hour. Our intake specialist would love to discuss your personal situation.
What are “limited scope” legal services?
Can you accept payment plans?
Do you provide Arizona Divorce Attorneys?
Do you provide other Family Law Attorneys?
Will I have access to my attorney via the phone or online?
How is Modern Law different from Pre-Paid legal services?
How is this different from a document prep company?
What are the types of Orders protect against Domestic Violence?
- Emergency Orders of Protection may be requested by a peace officer on an emergency basis when a person’s like or health is in imminent danger.
- Injunctions Against Harassment can be granted to prevent a person from committing acts of harassment. There is no required relationship.
- Injunctions Against Workplace Harassment authorizes an employer to seek a court order preventing an employee from coming to the premises and harassing other employees or patrons.
- Order of Protection can be granted to prevent specific activity or acts and is limited to people who have specific relationships with the defendant.
Where can I get a Protective Order to Protect Against Domestic Violence?
You can get a protective order at any courthouse. You can go to a municipal court, justice court or superior court to fill out the paperwork and request a protective order.
Is there is filing fee for an Order of Protection?
No. You will not be charged a fee. If you hire an attorney, they will likely charge you a fee, however fee’s may be assessed against the opposing party, so you may be able to recover your attorneys fees.
Can a child get an Order of Protection against a Parent?
Yes. A minor can apply for an order of protection against a violent parent or a parent can apply for an order of protection on behalf of their child against a violent parent if there is reasonable cause to believe that physical harm has resulted or may result to the child or specific alleged acts of domestic violence involved the child.
If a child has an order of protection preventing contact by a parent, can a family court judge still order parenting time?
Yes. A superior court/family court judge has the ability to modify the terms of the order of protection and allow for parenting time. The order of protection can be used as evidence as to why parenting time shouldn’t be ordered or why certain protections should be put into place prior to ordering parenting time.
How do I serve a Protective Order?
A process server or peace officer must serve a Protective Order. It becomes effective once it is served. It must be served within one year or it expires.
What do I do after the Protective Order is served?
Consider keeping a copy of the Order with you at all times. Consider providing your children’s school, work, apartment managers, and others with a copy in order to ensure maximum safety. After the Order is served, register the order with the local sheriff’s department. ANY VIOLATION SHOULD BE REPORTED TO THE POLICE IMMEDIATELY. Many times there seems to be passive violations of the protective order. For instance, friendly text massages are a violation of a no contact order. It is not ok and should be reported.
What else should I know before going to an Order of Protection hearing?
In Arizona, there is a special set of procedural rules that govern protective order proceedings. The rules are fairly brief and you should read them prior to your hearing. Here is a link to the rules: http://www.law.arizona.edu/clinics/child_and_family_law_clinic/Materials/ARPOP.pdf
What is “Legal Decision Making”
Legal Decision Making was formerly known as “Legal Custody”. (In most states it is still known as legal custody. If you move here with an out of state order giving you “sole legal custody” you by default have “sole legal decision making” in Arizona.) Legal Decision Making refers to major life decisions only, such as medical decisions, schooling, religion and personal care (ear piercing?). Most often, Arizona courts prefer to award joint legal decision making unless there is a very compelling reason not to do so.
What needs to go in my parenting plan?
According to Arizona law, your parenting plan must include an explanation of whether legal decision making is sole or joint, including the rights and duties of both parents with regards to medical, religious, educational and personal decisions. Additionally, you will need a concrete, specific parenting time schedule, which includes provisions for transportation and exchanges. The parenting plan also needs a vacation and holiday schedule which trumps the normal schedule.
Other items that are sometimes included: plan for mediation when parents can’t agree, scheduled communications with the kiddos, a scheduled review of the plan, and statements of non-disparagement.
Do I need a fee agreement for basic, simple questions?
In order for us to provide any legal advice or answer legal questions specific to your case we would need to have either a full scope agreement for traditional representation or a limited scope agreement for limited scope representation. Arizona Ethical Rule 1.2 requires us to have an agreement defining the scope of our representation in writing in order to provide limited scope services. If we are operating under a limited scope agreement to draft a specific document and other questions come up, we would need to expand the scope of services in order to ethically provide legal advice.
Can I divorce my spouse and still live in the same house?
Yes you can! Although you should consider the consequences of sharing a house once your are divorced. Community Property rules will cease, so the two of you will be roommates. If the house is owned, who will reap the benefits of the equity that is accruing each month? Who will be responsible for the bills, maintenance and repairs etc. This is more a practical exercise than a legal one. It may make parenting plans interesting as well. For more information, give us a call. We would be happy to help.