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Unintended Estate Planning Consequences in a Judgment of Dissolution of Marriage Proceeding
If there is no Last Will and Testament, and property passes by way of intestacy, if a dissolution of marriage proceeding is pending, and a spouse dies, the surviving spouse enjoys any rights of intestacy, or inheritance, regardless of the status of the dissolution of marriage proceeding so long as a Judgment of Dissolution of Marriage has not yet been entered.
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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