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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.
In dividing property, the Illinois court considers all relevant factors including the contribution of each party to the value of the property, particularly the contribution of a spouse as a homemaker, the value of the property distributed to each spouse, the length of the marriage, the financial situation of each spouse when the property is divided, (such as the need to give the family home to the spouse who has custody of the children), any obligations and rights arising from a prior marriage of either party, the age, health, station, occupation, income, vocational skills, employability, estate, liabilities, and needs of each of the parties, the custody of any children, and the reasonable opportunity of each spouse for future acquisition of capital assets and income.
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