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.
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.
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.
Answered on 11/07/14, 2:26 am
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
