If he is deceased you do not need a divorce. You arre not married to him whether the service was defective or not. If you are concened about the property he may have possessed and as his wife whether you can obtain the assets, then the issue is was the divorce valid? If not his second marrage was invalid and you would still be his widow. However, you need to contact and consult with a local family law attorney to discuss this in detail because there is not enough information here to determine what exactly occurred. Find an attorney on AVVO
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Check with the Clerk of Court in the county he filed the divorce.
The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in short questions. Without a full consultation with an attorney, you should not rely upon any information presented in this forum. The intricate facts of every case are different. The information provided is not legal advice and should not be the basis of any decision without the actual guidance of an attorney. Further, any information provided by Attorney Matthew V. Silva should not be perceived as a willingness to represent you or actual representation.
a judgment isn't valid if service is defective. So you could file to set it aside. However that may not effect anything given his death. If you were married, when he died and the divorce was not valid, you can claim a spousal share against his estate.
Please consult a family law attorney and or estate attorney to assist you.
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