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Hon. Mark S. Millard (Ret.)

Hon. Mark S. Millard (Ret.)

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General Biography
Practice Areas
Family Law
Honors, Memberships, and Professional Activities
Background and Education

Hon. Mark S. Millard (Ret.) brings over five decades of experience as an attorney and judge to JAMS. First appointed as a superior court judge in 2003, Judge Millard spent 17 years focusing on family law. Prior to serving on the bench, he practiced law with four firms for over 20 years.

During his time on the bench, Judge Millard was a member of the Orange County Superior Court Finance Committee and the co-author of the California Practice Guide: Family Law FORMS published in 2011 by the Rutter Group. He served on the Judicial Council of California’s Center for Judicial Education and Research (CJER) Family Law Education Committee and Family Law Curriculum Committee, as well as the California Judges Association’s (CJA) Family Law Committee. He was honored as Outstanding Judicial Officer of the Year by the Southern California Chapter of the American Association of Matrimonial Lawyers (AAML) in 2008 and 2017. He was also selected as Distinguished Jurist of the Year by the Orange County Bar Association (OCBA) in 2008 and was also recognized that same year for his outstanding contributions to family law.

Judge Millard is a frequently requested speaker on all aspects of family law. He served as dean of the 11th Annual Institute of Trial Advocacy and has lectured and/or participated in seminars for the CJER, CJA, State Bar of California, AAML, OCBA’s Family Law Section and Orange County Association of Family Law Specialists. Topics have included characterization, valuation and division of community property; determination of income for purposes of spousal and child support; efficient marital dissolution practice; recent developments in family law; custody and the effect of domestic violence; tax returns and the dissolution of practices; litigation of complex custody disputes; evidence in family law; buy-sell agreements and their relation to valuation; and the uses and abuses of CPAs in family law disputes.

Judge Millard is noted for his calm demeanor, patience and knowledge of the law.

ADR Experience and Qualifications

  • Certified family law specialist, since the commencement of certification in 1980, with nearly 40 years of experience resolving family law disputes 
  • Served as a superior court judge for over 17 years in direct calendar family law court, presiding over thousands of cases, including settlement conferences
  • Served as judge pro tem at the invitation of several sitting judges to assist in trying or settling difficult cases 
  • Received training from Straus Institute for Dispute Resolution in courses for judicial officers
  • Completed virtual ADR training conducted by the JAMS Institute, the training arm of JAMS
  • Sought after and enlisted by colleagues to help settle difficult matters in family law 

Representative Matters

  • Family Law
      • Determination of entitlement to annulment of claimed marriage, and consequences thereof
      • Determination of paternity of a child or children
      • Determination of custody of children and time share or visitation 
      • Determination of validity of premarital agreements, and motions to set aside
      • Interpretation of valid premarital agreements
      • Date of separation issues 
      • Date of valuation issues 
      • Determination of existence of undisclosed assets 
      • Determination of validity of post-marital settlement agreements
      • Interpretation and enforcement of post-marital settlement agreements
      • Temporary spousal support
      • Permanent spousal Support
      • Post-judgment spousal support
      • Pre-judgment and post judgment child support
      • Determination of adult child support
      • Determination and characterization of community versus separate property
      • Determination of tracing issues with regard to income/property
      • Determination of the valuation of community property
      • Division of community property
      • Valuation of professional practices: accounting, architectural, legal, medical, dental
      • Determination of income for purposes of valuation of businesses and/or support
      • Determination of characterization, valuation and division of community and separate property, including Moore Marsden issues  
      • Determination of attorneys’ fees and costs based on Family Code sections 2030 through 2032, and fees and costs based on sanctions under Family Code section 271 and related code sections
      • Determination of breach of fiduciary duty, and the financial consequences thereof  
      • Determination of the value of businesses, including real estate developers and automobile dealers
      • Determination of the value of pensions and qualified domestic relations orders, and analysis of expert testimony on these issues  

Honors, Memberships, and Professional Activities

Honors and Awards

  • Charles Garrity Award (for excellence and professionalism), Family Law Section, Orange County Bar Association, 2017
  • Distinguished Jurist Award, Orange County, American Academy of Matrimonial Lawyers, 2008 and 2017
  • Child Advocate of the Year, Family Assessment Counseling & Education Services, 2016
  • Judge of the Year, Orange County Association of Family Law Specialists, 2017
  • Judge of the Year, Family Law Section, Orange County Bar Association, 2008
  • Outstanding Judicial Officer of the Year, Orange County Chapter, Association of Certified Family Law Specialists, 2008 and 2017

Memberships and Affiliations

  • Member, California Judges Association, 2004–present
  • Member, American Academy of Matrimonial Lawyers, 1978–present
  • Member, Family Law Section, American Bar Association, 1970–present
  • Member, Family Law Section, Orange County Bar Association, 1970–2004
    • Judicial Member, 2004–present
  • Member, Certified Family Law Specialists, 1980–present
  • Member, International Academy of Trial Judges, 2016–present
  • Member, Certified Family Law Specialists in California (first group), 1980

Speaking Engagements

  • Speaking engagements on all aspects of family law for numerous organizations, including the Judicial Council of California’s Center for Judicial Education and Research, California Judges Association, California State Bar, American Association of Matrimonial Lawyers and Orange County Bar Association
  • Dean, 11th Annual Institute of Trial Advocacy, American Academy of Matrimonial Lawyers
  • Judges Panel Presenter, California State Family Law Specialists Education Seminar, 2016 and 2017

Publications

  • Co-Editor, California Practice Guide: Family Law FORMS, The Rutter Group,  2012–2014
  • Co-Author, “Orange County Custody Guidelines,” Mediation Department, Orange County Superior Court
  • Profile of Judge Mark S. Millard, Department C-65, Family Law; Santa Ana, Calif.; California Receivers Forum; 2018

Background and Education

  • Judge, Orange County Superior Court, 2003–2021 
  • Attorney (private practice), 1964–2003
  • Straus Institute for Dispute Resolution (courses for judicial officers)
  • LL.B., University of Southern California School of Law, 1963
    • Order of the Coif, Law Review
  • B.S., magna cum laude, University of Southern California, 1960

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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