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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  • 3 weeks ago

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

  • Judith
    Lv 7
    3 weeks 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.

  • 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
  • PAMELA
    Lv 7
    3 weeks ago

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

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  • Yeti
    Lv 7
    3 weeks ago

    "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.

  • 3 weeks 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.
  • Clive
    Lv 7
    3 weeks ago

    Of course not. They're dead.

  • Kenny
    Lv 7
    3 weeks ago

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

  • 3 weeks ago

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

  • 3 weeks ago

    Death outranks everything, including divorces.

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