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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.
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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