Legal Question in Family Law in California

If a judge grants a divorce and the husband dies before the 6 month waiting period is the estranged wife entitled to anything?


Asked on 11/04/14, 4:04 pm

3 Answers from Attorneys

The judge cannot grant the divorce until the 6 months have passed. So your question proposes a situation that could never happen.

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Answered on 11/04/14, 4:12 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

The divorce will not occur until the full six months passes. Therefore, no divorce occurred before the death.

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Answered on 11/05/14, 8:09 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with the two prior answers. If you are in this situation, I suggest consulting with an attorney and going over the actual facts in detail. There are special rules as to when a divorce court has jurisdiction and when the probate court takes over if death occurs during divorce proceedings.

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Answered on 11/07/14, 2:26 am


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