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Power of Attorney and Divorce
If each of the spouses name themselves as agents in regard to written Power of Attorneys with respect to each other, the filing of a dissolution of marriage proceeding does not negate or abrogate Power of Attorney instruments. Therefore, each of the parties to the dissolution of marriage proceeding should confer with their attorney to determine appropriate action that should be taken, in regard to changing their estate planning documents, including any Power of Attorneys then in effect on the date the Petition for Dissolution of Marriage was filed. This could pertain to any type of Power of Attorney including, but not limited to, Durable Power of Attorney, Healthcare Power of Attorney, Property Power of Attorney, Limited Power of Attorney or any General Power of Attorney.
In order to file for a divorce in Illinois, one spouse must have been a resident of Illinois for 90 days, and the case must be filed in the county where either spouse lives.
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