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.
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.