Services
BRASELTON and MILLARD provide legal representation
in all areas of Family Law, including but not limited to:
See Our web site at adoption-law-illinois.com.
| 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.
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. BRASELTON and MILLARD
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.
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.
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.
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 Braselton and Millard 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.
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.
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.
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