Sunday, March 23, 2014

If a judge grants a divorce and the husband dies before the 6 month waiting period is the estranged wife entitled to anything?

Question

If a judge grants a divorce and the husband dies before the 6 month waiting period is the estranged wife entitled to anything?



Answer

The judge cannot grant the divorce until the 6 months have passed. So your question proposes a situation that could never happen.



Answer

The divorce will not occur until the full six months passes. Therefore, no divorce occurred before the death.



Answer

I agree with the two prior answers. If you are in this situation, I suggest consulting with an attorney and going over the actual facts in detail. There are special rules as to when a divorce court has jurisdiction and when the probate court takes over if death occurs during divorce proceedings.



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