DuPage County Family Law, Estate Planning, and Business Law Attorneys

Mullen, Winthers & Kollias, P.C.

1N141 County Farm Road Suite 230 Winfield, Illinois 60190 USA

 (630) 668-6700
 (630) 668-6733

www.dupageattorneys.net
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Law Firm Overview Free Consultation

Mullen, Winthers & Kollias, P.C. is a dedicated law firm with more than 70 years of combined legal experience in providing DuPage County residents with high-quality legal representation. We serve the needs of both individual and business clients. Whether you are seeking help in filing for divorce, reaching agreement on issues of child support, custody, or visitation, drawing up a prenuptial agreement, or in any other family law matters, you can turn to us with confidence. We offer tough, aggressive representation; we do not charge for the initial consultation; and we are available for evening and weekend appointments.

In addition, as a General Practice firm, we stand ready to assist you with any real estate, business, and estate planning needs. We are proud to be active members of the DuPage County Bar Association. Confidential and discreet, we adhere to the highest standards of professionalism.

Practice Areas

Additional Practice Areas: Orders of Protection; Civil Unions; Parentage; Property Division & Qualified Domestic Relations Orders (QDRO's); Grandparents' Rights; Residential and Commercial Closings; Deeds; Power of Attorney; Probate & Estate Administration; Probate Estates, Claims and Will Contests; Business Planning.

Practice Areas Description

Our practice includes:

- Family Law

• Alimony / Spousal Support

The person seeking to modify an existing order bears the burden of proving changed circumstances that justify a change in the order. The effective attorneys at Mullen, Winthers & Kollias are ready to put together the strongest case possible for a petition for modification of spousal support. On the other hand, for clients who prefer to have finality on this issue, our attorneys can help draft divorce agreements that limit the power of the court to award or modify spousal support once the divorce is finalized. If you are requesting or opposing a request for spousal support, seeking a modification of an existing order, or looking for a way to end the court's ability to order spousal support in the future, we can help.

• Child Custody and Support

When parents can reach an agreement regarding custody and parenting time, the resulting plan is more likely to accurately reflect the personalities, needs, and histories of the family members, and is more likely to promote the best interests of the children. At Mullen, Winthers & Kollias, we stand ready to apply our experience of the diverse types of possible custodial arrangements to help our clients design a plan best suited to their family's needs. The determination of custody also determines the issue of child support. When a parent has sole custody or primary residential custody of a child, the other parent is obligated to help pay part of the childrearing expenses. In Illinois, the amount of child support is determined through a formula established by the state. Some departures from the formula are possible, however, in certain circumstances. Other support related issues include medical insurance, daycare and extracurricular activity expenses. Our firm also advises clients in drafting divorce agreements that address the payment of the children's future college expenses.

• Civil Unions

Civil Unions in Illinois Effective June 1, 2011: Effective June 1, 2011, the Illinois Religious Freedom Protection and Civil Union Act officially became effective. The full citation to the State law is 750 ILCS 75. It is available for your review at www.ilga.gov and listed under Illinois Compiled Statutes.

In general, the Illinois Civil Union Act grants to same-sex partners and opposite-sex partners legal status as if they were lawfully married. The law is to be broadly interpreted in favor of enforcement as if the couple were married.

• Divorce & Legal Separation

If you are considering filing for divorce or legal separation, or if your spouse has filed family court petitions to which you must respond, please contact the experienced, discreet attorneys at Mullen, Winthers & Kollias for a confidential consultation. Our goal is to use our legal knowledge and advocacy skills to help you limit the time, expense, and stress entailed by such proceedings. Divorce often involves a stressful mix of emotional upheaval and detailed paperwork, disputes and negotiations, and conflicting views about child custody or personal finances. Any divorce, whether contentious or amicable, requires a succession of steps that culminates in a final judgment. As your attorneys, we would help you understand the laws and the lingo involved, guide you through the process, and ensure that your interests are protected.

• Orders of Protection

Nobody should tolerate domestic violence. If you have been physically abused, harassed, or intimidated by a member of your family or household, you may have the right to obtain an order of protection. An order of protection makes it a crime for an abuser to commit certain acts toward a protected person. Orders of protection orders aim to stop domestic violence. At Mullen, Winthers & Kollias, we understand the deep and immediate emotional, physical, and financial impact that domestic violence can have on a family. We can help you determine whether or not an order of protection would be necessary or appropriate in your particular case.

• Parentage / Paternity

The attorneys at Mullen, Winthers & Kollias have extensive experience in parentage / paternity cases, both at the trial court level and in the Illinois Appellate Court. For example, in 2009, Dan Kollias won a case on appeal where his client discovered he was not the biological father of his children 9 years after the divorce was finalized. If you are facing a legal dispute related to paternity in the Chicago area, please contact the attorneys at Mullen, Winthers & Kollias. Recognizing that paternity battles can be both emotionally and financially draining, we will advocate aggressively for your rights, keeping in mind that at the end of the day, it is your children's best interests that you have in mind.

• Prenuptial Agreements

Perhaps you have been divorced previously, and want to minimize the scope of the issues (such as maintenance, determination of marital a non-marital assets, etc.) and minimize the cost of attorney’s fees. A well-drafted prenuptial agreement can offer several important benefits: they prompt people to discuss financial issues prior to getting married (thus possibly preventing unpleasant discoveries and conflicts afterwards), and, when effective, they can prevent lengthy, expensive, and acrimonious divorce litigation. The attorneys at Mullen, Winthers & Kollias have decades of collective experience in family, estate planning, and business law. This combined expertise underlies our focus on drafting effective prenuptial agreements that will fully protect your rights. If you are considering preparing a prenuptial agreement in Cook, DuPage, or Kane County, or if you have been presented with a proposed premarital agreement and would like a comprehensive evaluation of it by an experienced attorney before signing, we are ready to help.

• Property Division & Qualified Domestic Relations Orders (QDRO's)

Every divorce involves dividing marital property between the spouses. In Illinois, the division does not have to be equal but “equitable”—in other words, fair. The determination of what is “fair” is not always clear-cut. In fact, Illinois law lists numerous factors that play a role in determining what is fair, and what isn’t. As experienced divorce attorneys, at Mullen, Winthers & Kollias we have advised clients and drafted literally thousands of settlement agreements dividing marital property. These agreements are always custom tailored to the individual client’s case to reflect the individual circumstances of the client, the economic situation of the parties, and the wishes of our clients. Hiring an experienced Illinois divorce attorney to advise you of your rights and obligations, and to either to draft a property division agreement or to review a proposed agreement, will give you reassurance that you that you have a fair settlement agreement and that the court will approve of it.

• Visitation and Grandparents' Rights

At Mullen, Winthers & Kollias, we know that every family has different schedules, and that what works best for one family may not work best for yours. We have decades of experience negotiating and drafting a wide spectrum of custody and visitation plans for clients throughout the greater Chicago area. In cases where restrictions are appropriate, we have experience successfully litigating such cases in court to ensure the safety of the children. If you are a parent whose visitation arrangements are no longer effective nor in the best interests of your children, we can help.

- Real Estate

• Residential and Commercial Closings

When you make a decision to purchase or sell real estate, the first indication that you may wish to hire a lawyer is when a realtor gives you a 10 page contract to sign. What are you signing? By signing it, what are your obligations? Are there deadlines for you to meet those obligations, and what happens if you can’t? What if you discover new information about the property after you’ve signed the contract? Real estate transactions can be complex. They can involve archaic language, legal jargon, and issues related to title to the property. At Mullen, Winthers & Kollias, we focus making sure that you are buying what you are supposed to be buying, or receiving what you are supposed to when you are selling, so you don’t have to worry about it. We know that this is the best way to prevent litigation after a closing.

• Deeds

The attorneys at Mullen, Winthers & Kollias have represented clients in thousands of real estate transactions. We can answer all of the above questions, and any more that you may have. If you are contemplating a real estate transaction in Winfield or any other community in the Chicago area, whether residential or commercial, we can help you make the transaction seem effortless. In today’s climate of foreclosures and short sales, we can help you avoid many of the legal pitfalls that abound, often for a flat fee. Hiring an attorney beforehand may save thousands of dollars in legal fees litigating any disputes that may arise after the transfer.

- Estate Planning / Wills and Trusts

Establishing a clear, detailed, and properly executed estate plan will go a long way toward ensuring that your wishes will be carried out, and may help to avoid possible confusion and arguments over your children and your assets after your death. Whether you are interested in drawing up a will or trust, or would like a lawyer to review or revise existing ones, the experienced, practical attorneys at Mullen, Winthers & Kollias are ready to help.

• Power of Attorney

Powers of attorney can be broad or limited, depending on the needs of the people involved. They can be as broad as giving another person the power to make all financial or health-care related decisions on your behalf; on the other hand, they may authorize an agent only to undertake one particular action—for example, to sell a house or complete a business transaction. If you are considering giving another person power of attorney over financial or health care decisions in your life, you should discuss your circumstances and your needs with an experienced attorney. At Mullen, Winthers & Kollias, we have helped many clients understand the various options available to them and select the best way to meet their needs. If the power of attorney is the best fit for your situation, we will listen carefully to your needs and put our skills and experience to work in drafting clear, effective documents that truly express your wishes and protect your interests.

• Living Wills

Living Wills are documents that allow you to communicate your wishes concerning “death–delaying procedures” once you are terminally ill and become incapacitated. A Living Will can include various levels of detail about the kinds of medical procedures that you would like to accept or refuse which may either hasten or delay death. Because a Living Will may be limited in its scope or application, it is often better to have a Health Care Power of Attorney in addition to (or even in place of) a Living Will. A Healthcare Power of Attorney allows you to authorize an agent to make health care decisions on your behalf and covers a broader array of issues regarding your healthcare which are not limited to death–delaying procedures. Instead, a Power of Attorney permits your agent to consent or refuse certain medical procedures, allow for an autopsy, or even provide consent to make anatomical gifts.

• Wills and Trusts

If you would like to be the one who determines how your property is distributed after your death, you should draw up a will and/or a trust. The Winfield attorneys at Mullen, Winthers & Kollias are ready to advise you and draft the required documents. A will is a document that details how various items or portions of your property should be distributed, and to whom. If you have children, you may also specify in a will who should become their guardian in case they are still minors at the time of your death. You can also nominate an executor—the person who would ensure that the various provisions of your will are properly followed. However, wills entail probate costs.

- Probate Estates, Claims and Will Contests

If a loved one has died, you may have many unanswered questions. Is there a will? Is anyone challenging the will? Does it need to be filed? If so, where? Does a probate estate need to be opened? Who is responsible for starting the process? How is it done? Do you need to hire a lawyer? How long does it take? How much will it cost? Are there any legal deadlines which can affect your rights or the rights of others? The experienced probate attorneys at Mullen, Winthers & Kollias can answer these questions for you, and help you through what is certainly a difficult time. We can help you determine what the best course of action to make sure that your loved one’s wishes are honored, and to fully protect your rights. Good planning can avoid many of the difficult issues which can arise during probate. Finally, if you are owed money by someone who has recently passed away, we can assist you in collecting against the estate.

- Business Planning

• Corporations

Most people starting a business face a choice as to how to organize. Many people operate businesses as sole proprietors or as partners. However, by doing so they leave themselves personally vulnerable, because the business' creditors can seek to collect against the owners' or partners' personal assets. In contrast, corporations shield their owners' personal assets from the reach of business creditors. Corporations are legal entities distinct from their owners (i.e. their shareholders); the corporations have assets and liabilities of their own, and continue to "live" even after the death of particular owners. The attorneys at Mullen, Winthers & Kollias serve business clients throughout the Chicago area. If you are starting a new business, we can help you decide which business structure would work best for you, walk you through the required process, and prepare and file all of necessary documents.

• Limited Liability Companies

Most people starting a business face a choice as to how to organize. A Limited Liability Company, like corporations, shields business owners from personal liability for business debts. Thus, a company's creditors generally cannot seek to collect against the owners' personal assets. However, LLC's don't incur the double taxation that applies to regular corporations. Instead, like partnerships and s-corporations, LLC's allow profits and debts to "pass through" to the owners (as K-1 income) for taxation purposes. At Mullen, Winthers & Kollias, we would welcome the opportunity to meet with you and help you decide whether forming an Illinois Limited Liability Company is the best option for your business. If you already have an LLC set up and simply need a lawyer to review or revise your existing, operating agreements and other LLC documents, we can help.

• Partnerships and Limited Partnerships

Business partners can write their own rules specifying how your partnership operates, how its assets and liabilities are to be distributed, as well as what should happen in case one or all of the partners decide to leave the partnership in a written partnership agreement. Failing to do so can open the door to expensive litigation, where an Illinois court may decide that two or more people have formed a partnership, even if they did not intend to do so. If you are considering in creating a partnership in DuPage County, Illinois, or would like to modify an existing partnership agreement, you should seek the advice of an experienced attorney who can protect your business and financial interests. At Mullen, Winthers & Kollias, we have several decades of legal and practical experience advising business clients, and preparing thorough, well-drafted partnership agreements. We can help you prepare the documents necessary for your business to run the way you want it to.

• Agreements

Almost nobody goes into business with a pessimistic attitude about what the future holds. But what happens if a business partner dies, files bankruptcy, gets divorced, or simply doesn’t perform as anticipated? In the absence of clear and complete agreements between co-owners, Illinois laws impose some basic, default provisions about how a business’ profits and losses must be allocated, etc. However, effective written business planning agreements can go a long way toward keeping owners in charge of their own business. The attorneys at Mullen, Winthers & Kollias have experience in planning, negotiating, drafting, or modifying the kinds of business planning agreements that allow businesses to run smoothly when unforeseen circumstances arise. We are ready to help with each of those steps, so that you’re Shareholder Agreements, Operating Agreements, or Buy/Sell Agreements will truly reflect your wishes and protect your business and financial interests.

Attorneys

	Mr. Daniel J Kollias Attorney Adoption, Alimony, Appellate Practice, Business and Industry, Business Formation		Mr. Terence C Mullen Attorney Civil Litigation, Estate Planning, Family Law, Real Estate
	Mr. David J Winthers Attorney Business and Industry, Civil Litigation, Estate Planning, Family Law

More Information on Mullen, Winthers & Kollias, P.C.

DuPage County Divorce Lawyers
Real Estate Attorney, Winfield, Illinois
Winfield, IL Estate Planning Lawyer
Probate Attorneys in Winfield, Illinois
Winfield, IL Business Planning Lawyer
Child Custody Law Firm, Winfield, IL
Winfield, IL Orders of Protection Lawyer
Family Attorneys in Winfield, Illinois
Contact Mullen, Winthers & Kollias, P.C.