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Complexities of Any Estate and/or Trust Administration During the Pendency of a Dissolution of Marriage Proceeding
If there is a pending trust and/or estate administration that impacts either of the parties in a divorce proceeding, including if they may stand to receive something from the trust administration and/or the estate administration, there should be a distinction made in regard to what may be considered non-marital property and what may be considered marital property. Since Illinois is an equitable distribution state, the Court can weigh the equities and take into consideration non-marital property in dividing and/or awarding marital property. Further, there could be expectancy and/or timing issues such that even though an estate administration and/or trust administration is pending, it may be unclear as to what amounts, if any, a party may expect to receive from the estate administration and/or trust administration, which could result in uncertainty in terms of taking same into account with respect to division of any marital property between the parties.
Spouses can file for a no-fault divorce in Illinois, as long as they have lived separate and apart for at least two years and state that irreconcilable differences ended their marriage. This two-year separation period may be waived "upon written stipulation of both spouses, filed with the court."
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