Services

Isabel M. Millard, PC provide legal representation in all areas of Family Law, including but not limited to:

 Simple, Uncontested Divorce Agreements

Sometimes the parties to a divorce or a separation are in complete agreement as to the division of their marital estate and fully understand all issues associated with custody, child support and visitation. In those cases, a client meets with a lawyer who in turn drafts the necessary legal documents. Simple, uncontested divorces often require only one court appearance.

 Contested Divorce and Litigation

When parties cannot agree on exactly how they wish to divide marital assets and debts, the courts consider the case "contested." Sometimes such matters can be mediated. Other times the parties must go through a process known as “discovery.” Discovery is a legal term used by the Courts and refers to the various methods used by attorneys to ascertain the value of the marital estate. Discovery methods include depositions, written interrogatories, subpoenas and demands for the production of certain documents. Often, one spouse is far more knowledgeable about family finances than the other spouse. In those cases, full disclosure of all assets and liabilities is critical in order to make an evaluation of each party’s rights.

The vast majority of cases settle once the discovery phase is complete. However, we stand ready to zealously litigate and advocate our client’s position when settlement is not possible.

 Legal Separation

Unlike divorcing spouses, couples who seek a legal separation must – in fact – be living separate and apart before seeking a formal Judgment from the Court. Isabel M. Millard, PC will prepare a Legal Separation Agreement that clearly addresses all financial issues as well as custody and visitation issues. Contact us for further details about the important legal distinctions between Legal Separation and Divorce.

 Annulment

A common misconception is that an annulment is only available if a marriage has not been consummated. Not so. In order to qualify for annulment, the impediment to the marriage or the reason for the break up must have existed prior to the marriage. Some of the legal grounds for annulment include consanguinity (e.g., marriage between first degree family members), lack of capacity to consent (e.g., underage, insanity), fraud, and duress. Please contact us for further details on Annulment.

 Pre Nuptial Agreements

Whether you seek to protect your children’s inheritance rights or your parents’ family business, a Premarital Agreement may be the wisest investment you ever make.

To be enforceable, Premarital Agreements must be in writing and signed by both parties prior to the marriage. Premarital Agreements can have a significant impact on the lives of the parties in the event of death or divorce. See our section entitled Premarital Agreements for more specific information, or contact one of our attorneys directly.

 Parentage Actions

What if we never married and my child’s mother won’t allow me visitation? What if we never married and the biological father is threatening to take the baby away from me? What if we never married and I need child support?

The population of never married parents is growing exponentially every year, and these questions are asked more and more frequently. As we come to accept blended families and families whose parents never married, the law struggles to define an appropriate set of rights and responsibilities for both the parents and the children. At Isabel M. Millard, PC we represent a large number of both mothers and fathers who never married. Please see our section entitled Parentage Actions for more information on this evolving area of law. We invite you to contact us personally for a confidential consultation with a lawyer to discuss the facts of your particular case.

 Mediation Services

Alternative Dispute Resolution is a non-adversarial technique used by a growing number of professionals to assist families in divorce. Mediation is a form of alternative dispute resolution that is quickly gaining popularity throughout the country. Mediation utilizes the skills of a neutral third party whose role is to facilitate a settlement between divorcing spouses. Unlike the traditional divorce, where each party hires his or her own attorney, a mediated settlement is negotiated directly by the parties under the guidance and watchful eye of a highly trained attorney-mediator who works with both spouses to achieve a fair resolution of all issues associated with divorce, including custody and visitation. Please see our section entitled What is Mediation for more in-depth information or contact us to speak directly to an attorney-mediator.

 Post Decree Matters

Believe it or not, there is life after divorce. However, circumstances often change with the passage of time and the settlement agreement that was perfectly fair at the time of the divorce may subsequently require adjustment. You may lose your job or become disabled for a time. Perhaps the children’s needs have grown so dramatically that you need to return to court to modify the child support order or visitation schedule. Contact us to discuss any questions or concerns you may have about any such post decree matters.

Tip: Once a child support order is entered, never deviate from it without the permission of the Court. A common myth is that once the divorce is final, the parties can make agreements between themselves. Usually, these oral agreements will not be legally binding and can come back to haunt you at a later date. If circumstances arise where you are unable to pay child support (due to illness, lay off, etc.), you must return to court and have a modified order entered by the Judge.

 

 

© Copyright 2001-2004 Isabel M. Millard, PC. All rights reserved.


Top of Page

Please contact us for more information about our services by email or phone:

Isabel M. Millard, PC
100 S. York
Suite 220-224
Elmhurst, Illinois 60126
Phone: 630-279-2229
Fax: 630-279-2252
imm@illinois-collaborative-law.com


Web site hosting provided by WebSolutions Technology (www.wsol.com)