Illinois Divorce Start Your Divorce Find Professionals Illinois Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Illinois Products Divorce by County
What Happens if Death Occurs with Respect to Either Party During the Course of a Dissolution of Marriage Proceeding?
If either of the parties dies prior to a Judgment of Dissolution of Marriage being entered in regard to a pending dissolution of marriage proceeding in Illinois, then the party that died being married to the spouse and the divorce did not occur before the death of the party. That means that the survivor would be considered a surviving spouse for purposes of intestacy not to mention any surviving spouse or widow's award, or the right to contest a will within six (6) months from the date of death or the right for the surviving spouse to take his or her elective share with said election to be made within seven (7) months from the date of death of the predeceasing spouse.
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.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Established in 1996
© 1996 - 2021 MH Sub I, LLC dba Divorce Source. All Rights Reserved.