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Death, Incarcertated and Grandparents
If a party to a divorce case dies, or is incarcerated, in the course of the divorce case, or after any Judgment of Dissolution of Marriage, there is an issue as to grandparents rights relating to the parents of the predeceasing or incarcerated party. Depending on the relationship that existed between the grandparents and the grandchildren prior to death or incarceration of their child, the surviving party or the non-incarcerated party could be agreeable to attempting to work out a relationship that benefits the grandparents and the grandchildren.
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Death, Incarcertated and Grandparents
In Illinois, alimony is awarded without regard to marital misconduct. According to Illinois divorce law, the judge orders support from one spouse to the other if the parties cannot agree. The court awards alimony in a lump sum or for a fixed or indefinite period of time. The alimony may be paid from the income or property of the other spouse after considering all relevant factors, including the income and assets of each spouse, the needs of each party, the earning capacity of each party, any impairment of the earning capacity of the party seeking alimony caused by marital sacrifices, the time necessary for the receiving party to seek employment, the standard of living established while married, the length of the marriage, the age and health of both parties, and the contributions and services by the party seeking maintenance to the education or career potential of the other spouse.
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