Legal Question in Family Law in New York

divorce no adjudication prior to death

my brother and his wife were legally separated for almost two years living separate both in agreement divorce papers also signed both in agreement uncontested,awaiting judge to sign papers.my brother dies befor divorce papers signed prior to death was getting ready to move on with his life.now wife wants to oppose divorce she was the plantiff, after his death court judge resided with wife's petition.how can this happen after his death?


Asked on 3/24/09, 11:03 am

1 Answer from Attorneys

Kristen Browde Browde Law, P.C.

Re: divorce no adjudication prior to death

It's not exactly clear what it is that the wife wants to oppose. If the divorce was not granted prior to the death of one of the parties, there can be no divorce.

If the situation is more complicated than that, please feel free to get in touch.

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Answered on 3/24/09, 11:10 am


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