My Husband and I filed for a divorce in Florida. All the forms were filled out & we had no assets or no liabilities. Everything was uncontested with no children. He went to the court & filed it without an attorney. We were just waiting for a hearing. He passed away before that and I just got a letter for the hearing. Obviously it doesn't make sense for me to go there now. We were only married for two years. I'm moving from here soon & do not wish to attend the hearing. Will there be a legal problem? Should I call & inform the court about what happened? Or will they just ignore it as nobody will show up? He was the petitioner.
Sorry about your loss, even through you were about to be divorced. Legally, the death of your spouse ended your marriage without the need for a final judgment. Technically, there is no longer a marriage to dissolve. The proper way for you to notify the court of your spouses death is to file a document called a Suggestion of Death. Once this is filed, the clerk should close the case and you will not need to attend a final hearing.
Again, sorry for your loss.
I agree with Attorney Fuerstein, a form called "Suggestion of Death" with a death certificate needs to be filed in the divorce case. That will effectively close the case. Good luck.
B. Elaine Jones, Esq.
Both Attorney's above are correct. Even though you were about to be divorced, the death of your spouse ended your marriage without the need for a final judgment. Technically, there is no longer a marriage to dissolve. You must notify the court of your spouses death by filing a "Suggestion of Death" form. The clerk should close the case and you will not need to attend a final hearing once the form is filed. Sorry for your loss.
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