Legal Question in Family Law in Illinois

The divorce is over at the moment the spouse dies. Doesn't matter that the cause has not yet been dismissed by the court or that the court has even been informed of the death. You can get divorced if you're dead. All temporary orders die at the moment of death. If decedent had temporary custody of children, full custody reverts to the non-deceased parent. Child support orders die at the same time; however, both the living spouse and the children are heirs to the Estate of the decendent whether or not there was a Will.

All proceedings except for probating the Estate with or without a Will are moot as of the moment of death. Court proceedings may continue until actually dismissed by a court but the dismissal is merely a formality.

Corrections: You CAN'T get divorced if your spouse is dead.

I have previously answered your question. If your confusion has to do with the use of the word "moot" or the word "dismissesd" perhaps it will help you to understand better if I explain to you that something is "moot" when it is no longer an issue; i.e. you husband is dead therefore there is no longer any reason to continue the divorce proceedings, hence the issue is "moot." Dismissal is a legal proceeding. Once your husband died, the issue became moot, and the legal case must be dismissed.

Hope this helps. You are still a widow and whatever marital problem existed at the time of your husband's death is yours.