Should one of the parties to a dissolution of marriage action die before the decree of dissolution of marriage is issued, the trial court will lose jurisdiction of the matter, the case must be dismissed. However, if a decree of dissolution of marriage was issued before the death, the trial court does not lose jurisdiction over the matter, unless there is an appeal of the order for the issuance of the decree based on the allegation that the trial court erred in finding that the marriage was irretrievably broken. Appellate courts do not lose jurisdiction of a matter as the result of the death of a party if the decree of dissolution was entered.
What to do if a divorcing party is likely to die during the divorce?
No comments:
Post a Comment