Legal Question in Family Law in Florida

I filed for divorce in Pasco County FL. My Spouse was served the papers,but witin 20 days after he was served he died. I was to get my name changed back to my maiden name, but due to his death the divorce stopped and a mention of death certificate was filed. Now, I learned that in order to get my name changed legally I must file and pay another 400.00 for a name change. Is there a way to use the original divorce case, even though it was never finalized because of death to get my name changed. The original filing fee was 400.00 plus 30.00 processors fee. I am in financial straights and can't afford another fee.


Asked on 7/27/09, 11:57 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

No, your divorce is now dismissed because you can't divorce a dead person. You have to file the name change.

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Answered on 7/27/09, 7:06 pm


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