If a spouse passes away before the divorce is final, is the entire document null and void?

Asked over 1 year ago - Haverstraw, NY

Can any part of the paperwork in preparation for the divorce be a legal, binding document if it contains my notarized signature? Thank you to whoever answers.

Attorney answers (4)

  1. Mary Katherine Brown

    Pro

    Contributor Level 20

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    Answered . The part of the paperwork that is "binding" upon the estate is anything that constitutes a valid contract. For example, if there was a Separation Agreement (assuming it was properly executed) its terms would be enforceable to the extent practicable.

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@... more
  2. Elan Wurtzel

    Contributor Level 10

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    Lawyers agree

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    Answered . If a spouse dies before a Judgment is entered, then the divorce proceeding becomes moot. However, if the parties signed an agreement resolving the divorce issues, unless there's a provision in the agreement that speaks to a party dying before a Judgment is entered, the agreement will likely be binding. Death will avoid certain potential obligations: maintenance, child support, etc.... Distribution of assets will continue to be required in most cases. Review any agreements that may have been signed and consult with your attorney.

  3. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 'Til death do you part means just that. Your divorce is over when the spouse dies prior to entry of judgment. You now get to administer her estate.

    Good luck.

  4. David Alexander Browde

    Pro

    Contributor Level 20

    3

    Lawyers agree

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    Answered . yes. that ends the case.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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