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Estate Planning During a Divorce Proceeding
In a divorce proceeding, if a party predeceases the other, and even if the predeceasing party has an estate plan intended to exclude the not yet ex-spouse, the surviving spouse may have a right to elect to take his or her elective share as a spouse, not-withstanding the terms and conditions of any Last Will and Testament that may be in effect.
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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