Legal Question in Family Law in Illinois
If you had just filed for divorce, were told could not finalize or do anything in the divorce proceedings since your spouse needed your health insurance, you are stuck in this position, then spouse dies. Are the rulings made during the divorce proceedings considered temporary rulings and become final only after the divorce decree?
If yes, then all rulings in the proceedings are temporary. is this right?
What happens to these temporary rulings from the proceedings when one spouse dies?
Death dismisses the divorce. Does death dismiss the temporary rulings also?
If the temporary orders are dismissed with the death, then the temporary rulings are vacated at the time of death, is that right?
So at the time of death, the temporary orders are no longer in effect, right or no?
If a family member at time of death ignored the fact that the temporary orders were now vacated, and knowingly knew the orders were vacated being an attorney, could that person be found in contempt of court? or something ? be found guilty of disobeying the court?
1 Answer from Attorneys
Without doing the research, if you violated the court orders while the person was alive, it might be possible to pursue contempt. For example if you had not paid support, the money you did not pay would be due the estate. So in theory they could pursue it. But they have no client. So they would seem to be severe impediments to them continuing.
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