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Estate Planning, PreMarital, PostMarital Agreements, and Statutory Rights to Inheritance in Divorce

There may be pre-marital agreements or post-nuptial agreements with respect to which any spouse may have waived statutory rights to inheritance. In considering estate planning issues during the pendency of a divorce proceeding, the impact of any pre-marital agreement or post-nuptial agreement should be taken into consideration with respect to estate planning changes, so as not to violate any valid pre-marital agreement/post-nuptial agreement that may be in effect.


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In deciding child custody, the Illinois court does not consider the gender of the custodial parent. The court considers all relevant factors including the wishes of the child's parents, the wishes of the child, the relationship of the child with the parents, siblings, and any other person who significantly affects the child's best interest, the child's adjustment to home, school, and community, the mental and physical health of everyone, any physical violence by the child's potential custodian, whether directed at the child or at another person, episodes of repeated abuse whether directed at the child or directed at another person, and the willingness and ability of each parent to encourage a close relationship between the other parent and the child.
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