Can a person divorce their spouse after death?

Like for example what if the divorce was due to go thru next week but the spouse died before that?

Does the death outrank the divorce or can it still go thru just the same?

10 Answers

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  • Yeti
    Lv 7
    7 months ago
    Favourite answer

    "Til death do us part." Marriage ends on death.

    However, some who might inherit from the deceased could start making arguments that they should be handled for inheritance purposes as if they'd divorced, especially if they just were waiting on the final decree back from the court.

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  • 7 months ago

    There would be no point in spending the money to continue the case.

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  • Judith
    Lv 7
    7 months ago

    Death ends the marriage.

    In some states, the spouse cannot inherit if a divorce is pending at the time of a death. In other states, they can.

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  • Anonymous
    7 months ago

    your marriage ends when your life ends, you cannot still be married to a dead person whether or not you see their ghost.

    Source(s): some japanese girl
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  • PAMELA
    Lv 7
    7 months ago

    No, the death ends the marriage, you cannot be married to a dead person.

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  • 7 months ago

    There is no such thing as "ranking" in such matters. Who is there to divorce when the other party is dead? This is a no brainer. Think about it.

    Source(s): Certified Paralegal, with 25+ years' experience.
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  • Clive
    Lv 7
    7 months ago

    Of course not. They're dead.

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  • Kenny
    Lv 7
    7 months ago

    This is probably about inheritance so the answer depends on the jurisdiction .

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  • 7 months ago

    since one party is dead there isn't a need for divorce, they would already be seperated.

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  • Anonymous
    7 months ago

    Death outranks everything, including divorces.

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