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Appointment of a Guardian of the Person or of the Estate of a Ward in Divorce
There is no guardian of the person and/or estate of the ward, unless appointed by the Court, pursuant to an Order from the Court. If that occurs, then the guardian is subject to compliance with the rules of the Court and any rulings by the Court. If a guardian appointed by the Court violates any duties owed to the ward, or does not follow the Orders of the Court, there could be proceedings directed against the guardian for removal of the guardian, holding the guardian in contempt or sanctions, such as imposing fees or costs on the guardian.
If a guardian is appointed by the Court, whether with respect to the person and/or estate of the guardian, a guardian is usually required to at least file and enter a Report with Court, generally describing what has occurred with respect to the guardianship within a certain period of time, such as the preceding year. The scope and content of any annual accounting would be up to the directions of the Court and would be subject to objections in regard to any interested parties, such as heirs or named beneficiaries in any estate planning documents of the ward.
Spouses can file for a no-fault divorce in Illinois, as long as they have lived separate and apart for at least two years and state that irreconcilable differences ended their marriage. This two-year separation period may be waived "upon written stipulation of both spouses, filed with the court."
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