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

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.

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Attorney answers 4

Posted

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.

Posted

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.

Posted

'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.

Posted

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@hotmail.com. All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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