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Will and Trust Contest Cases Within Divorce Proceedings

Divorce cases can involve a variety of issues, including pending estate administration, will and trust cases.

There may be assets, whether marital or non-marital, of one or both of the parties, that relate to the outcome of an estate administration, and a will or trust contest case.

In terms of pending actions involving estate administration, will and trust cases, there could be agreements between the parties, that if the divorce case is settled, as to those pending causes of action.

If a divorce case is not settled, and if the case is tried, there needs to be a distinction made between marital and non-marital property in regard to estate administration and will and trust contest cases.

There may be an issue raised as to whether or not any recovery from an estate administration or will and trust contest case constitutes marital or non-marital property.

In certain instances, any recovery could relate to non-marital property. On the other hand, since Illinois is an equitable distribution state, the Court can weight the equities, and take into consideration non-marital property, in making the decision as to how to divide marital property and take into consideration related issues.


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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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