Legal Question in Family Law in Oklahoma
divorce followed by death
What happens if you divorce and then six months later you pass away and then your ex husband is now telling the family that he has proof that the divorce was revoked by him and the deceased one week before she passed if he claims to have a notorized paper stating that both parties confirmed they wanted to cancel there divorce before there six months was up Would the Ex husband then have legal right to make decisions based on the deceased such as legal action to take what was and had before been decided wasnt his and if there was spousal support to the wife at the time of divorce now that she has passed would the husband be obligated to continue paying spousal support to say the next of living kin? or would the allimony be null and void? The husband is wanting for himself to be listed in the obituaries as the deceaseds husband of ten years when in fact they were divorced six months ago if the family were to do that would that be an upper advantage for the husband and be considered as common law marriage and give him the upper hand to use that in court say if he were going to take someone to court and claim to still be married even if its common law marriage can he claim her as his wife and collect her property that is left behind?
1 Answer from Attorneys
Re: divorce followed by death
Under Oklahoma Law a divorce is final on the day it is granted in all respects except you cannot obtain a marriage license in the state of Oklahoma for 6 months (except to remarry the former spouse). A notorized paper is worthless unless the couple actually remarried during that time. Likewise any support payments would stop upon the former spouse's death. Common law is very fact specific you might want to speak with an attorney and explain all the facts to determine if the couple were re-married under common law. Good luck
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