Can a Judge sign divorce papers after one of the parties has passed for month?
Question:
My husband walked out years ago. I could not afford a divorce, he recently filed for divorced February 2017. He passed away June 2017 and the Judge signed the divorce papers August 18, 2017. Is this legal? I was told that after his death it is null that I was still legally married to him at the time of his death?
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Answer:
The action for divorce should have been terminated upon your husband’s death. As has been suggested by other counsel, you need to contact the Court to ensure they knew of the death. You may need to make an application to have the Judgment of Divorce vacated.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Saratoga Divorce Lawyer. This does not consent an attorney client relationship.
