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.
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 could be considered attorney advertising.
'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.
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.
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