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Children with Special Needs Involved in a Divorce Proceeding
Regardless of the status of any divorce proceeding, if there are children with special needs, there should be consideration given regarding planning for the future of a person with a disability or special need and issues to take into consideration may include identifying who guardians may be for a minor child or an adult child, providing for future care planning for a minor child or an adult child, and attempting to make sure that any minor with the special needs has funds available to provide for life care needs, to the extent there are financial resources and/or strategies available.
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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