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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.
Grounds for a fault divorce in Illinois are impotence, bigamy, adultery, desertion for one year, habitual drunkenness or drug addiction for at least two years, repeated and extreme physical or mental cruelty, felony conviction or imprisonment, and infection with a sexually transmitted disease.
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