Legal Question in Family Law in Illinois

My wife and I had talked about a divorce , when things turned worse and she was diagnosed with lung cancer. We were only married about a year and a half , she had given her son power of attorney of her affairs. Due to financial problems , mental stress , I couldn't deal with it all , and moved out of of state . She recently passed away , and I requested copies of her death certificate,,which under surviving spouse/relative ,, says divorced of marriage. We were still married , I have searched online for divorce records to validate this with no results. Never signed any papers or was notified of a divorce . Can this be legally done with out my agreeing to divorce ,, we lived apart for almost 7 months , before her passing away. Does this effect me on spouse benefit's threw social security and death benefits of spouse ?

Asked on 8/25/13, 5:56 am

1 Answer from Attorneys

Jonathan Shimberg SHIMBERG and CROHN, P.C.

You assume that the person who gave the registrar the information told them the truth. They do not independently verify what they are told. Death benefits of social security are about $250.00. One can obtain a divorce without the other side's consent. If you disappeared, they did not know where you were and made a diligent effort to try to locate you, she could have obtained a divorce. On line records are not always right. Check with the Court clerk in the county where she lived. That is the best way to check.

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Answered on 8/25/13, 6:24 am

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