Legal Question in Family Law in Utah

separation, divorce

If a party in a divorce were to decease, or be declared mentally incompetant.. What rights does the spouse still have?


Asked on 1/10/07, 12:58 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: separation, divorce

A dead person cannot pursue a divorce. The surviving spouse would probably inherit the marital estate. A mentally incompetent person cannot file a divorce without first getting a person appointed as conservator and given the right to pursue the divorce.

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Answered on 1/10/07, 12:47 pm


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