The Implication of Death on a Divorce Case

divorce papers

When a couple decides to end their marriage legally by getting a divorce, the belief is that they will follow the regular court proceedings. Although the process can be lengthy, the divorce is successful, especially if you involved an experienced divorce lawyer in Townsville. But what happens to a divorce process in case one partner dies before the divorce process is over? An individual in this state can often get confused about the next step to take. It is important to understand the direction that a divorce case is likely to take after death. Here is a breakdown of what to expect after the death of your spouse before finalizing the divorce process.

Remember that no divorce case is exempt from issues that pertain child custody, property allocation, and financial obligations. These issues take a different turn when one of the parties dies.

Property Allocation

As opposed to dividing family property, you will get full ownership of combined property once your partner dies. Also, you will inherit any property that your spouse owned separately. The only disparity will come if the deceased had indicated otherwise in the will.

Marital Debt

You will become responsible for any marital debt that both of you accrued during the time of your marriage. If your name is on a contract, you are responsible for meeting the agreements.

Child Custody

The remaining parent takes up full legal and physical custody rights of the children. In some states, the grandparents can petition and request for child visitation rights. Also, the grandparents can ask for custody rights if they assume the children will not be safe with the parent. The court will need sufficient proof before they can grant grandparents custody rights.

Child Support

If your spouse dies after you had discussed child support with them, and since your partner is not there to meet their obligations anymore, you will take up the child support task. The court can grant you life insurance payout or death benefit to help you raise income that will substitute your spouse’s input if they were alive.

Wrongful Death Lawsuit

documents on wrongful death

Assume that your spouse dies due to another person’s fault. Is it right to file a wrongful death if you had not finalized the divorce process? Before finalizing a divorce process, the court recognizes you like the current spouse. That means that you can go ahead and file the lawsuit and are worth the compensation.

If the court had not finalized the divorce process, the process terminates naturally after one of the parties dies. That is regardless of the negotiations during the divorce process. That means that if your spouse dies before the finalizing of your divorce, you become a widower or a widow as opposed to a divorcee. Divorce lawyers understand the impact of the death of a spouse in the process of getting a divorce. As a result, they will hold your hand (not literally) even after your spouse dies to see that the court process is not overwhelming on you.

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Sarah is a highly experienced legal advisor and freelance writer. She specializes in assisting tech companies with the complexities of the law and providing useful information to the public through her writing.