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Estate Planning While a Divorce Case is Pending
There can be an issue in regard to how to handle estate planning, including estate planning documents already in place, once a divorce case is filed and while same is pending.
While the divorce case is pending, the parties are still married. The estate planning documents, if valid before the divorce case is filed, would remain valid.
If the parties are getting a divorce, they may wish to change their estate planning documents after the divorce case is filed, and while the divorce case is pending.
Otherwise, a death could occur while the divorce case is pending and there could be an unintended result for the party in the divorce case that fails to change their estate planning documents while the divorce case is pending.
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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