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My Husband passed away before our uncontested divorce hearing...

Business 7 views 3 answers
My Husband and I filed for a divorce in Florida. All the forms were filled out & we had no assets or no liabilities. Everything was uncontested with no children. He went to the court & filed it without an attorney. We were just waiting for a hearing. He passed away before that and I just got a letter for the hearing. Obviously it doesn't make sense for me to go there now. We were only married for two years. I'm moving from here soon & do not wish to attend the hearing. Will there be a legal problem? Should I call & inform the court about what happened? Or will they just ignore it as nobody will show up? He was the petitioner.

Attorney Answers

3
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
Sorry about your loss, even through you were about to be divorced. Legally, the death of your spouse ended your marriage without the need for a final judgment. Technically, there is no longer a marriage to dissolve. The proper way for you to notify the court of your spouses death is to file a document called a Suggestion of Death. Once this is filed, the clerk should close the case and you will not need to attend a final hearing. Again, sorry for your loss.
0 upvotes
Betty Jones ·
I agree with Attorney Fuerstein, a form called "Suggestion of Death" with a death certificate needs to be filed in the divorce case. That will effectively close the case. Good luck. Sincerely, B. Elaine Jones, Esq.
0 upvotes
Elaine Simon ·
Both Attorney's above are correct. Even though you were about to be divorced, the death of your spouse ended your marriage without the need for a final judgment. Technically, there is no longer a marriage to dissolve. You must notify the court of your spouses death by filing a "Suggestion of Death" form. The clerk should close the case and you will not need to attend a final hearing once the form is filed. Sorry for your loss.
0 upvotes

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