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  1. #1
    Join Date
    Sep 2016
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    Default What Happens if a Spouse Dies During a Divorce Case

    If you are going through a divorce, and your husband passes away before a final judgment is entered, what happens to the case and to the division of the marital estate?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: What Happens if a Spouse Dies During a Divorce Case

    If the divorce judgment has not been entered, then there is no judgment that divides the marital estate. The divorce case cannot be continued if one spouse is deceased, so the case will be dismissed. In most cases, the deceased spouse's estate will be handled as if the divorce was never filed.

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