Death of Spouse During The Divorce Process

The events that lead to a divorce can be difficult to deal with. Even the most amicable divorces can be both financially and emotionally draining. Although this is not a common occurrence, there are times when one spouse passes away in the middle of the divorce process, which causes you to confront a plethora of unexpected complications. At Simonetti & Associates, our team can help get you through this difficult time. Our Smithtown family lawyer will tell you what happens next and provide you with the representation you need.

Child Custody

When children are involved in a divorce, the top issue on many parent’s minds will be who receives custody of the child. Under normal circumstances, our Smithtown family lawyer would begin building a case that proves you gaining custody would be in the best interest of the child. The court would base its decision based on:

  • Both spouse’s income levels.
  • Work schedules.
  • Past addictions to drugs and alcohol.
  • In some cases, the preference of the eldest child.

However, if your spouse dies during the divorce process, you will be awarded sole custody of the child or children.

No Legal Reason For Divorce

If your spouse passes away while you have filed for the divorce, you will no longer have to continue the process. Any legal aspects or obligations that take place during the marriage are wiped away after death, as you become either a widow or a widower. However, the services of our Smithtown family lawyer can still be utilized. In some states, once death occurs, a probate court will take jurisdiction over the case to sort out how your deceased spouse’s estate will be dispersed. Even if there was no will left behind, our team will work towards securing any assets you would have been entitled to should the divorce have proceeded as normal.

Simonetti & Associates

At Simonetti & Associates, our team understands that divorces rarely play out as you may have planned. That is why you always need to have top-notch representation to keep yourself protected. Should the most unfortunate of circumstances take place, such as a death during the divorce process, we’ll be there for you. To learn more about our services and why you should work with our team, contact us today.

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Smithtown Family Lawyer