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My wife passed 2 weeks ago and the mother is saying she is going to file the divorce. I don't understand how that is possible or the mother's motives.
11 ANSWERS
Estate Planning Attorney serving Huntsville, AL
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Sara Jones Doty
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You cannot obtain a divorce for a deceased person.
Answered on Nov 08th, 2013 at 11:01 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Mom is senile,her actions are unlawful. If she files something hire an attorney and discuss Florida statute 57.105.
Answered on Nov 08th, 2013 at 10:57 PM
Administrative Law Attorney serving Edmond, OK
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Jencks Law Firm P.L.L.C.
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No, you cannot get or be subsequently divorced from a deceased spouse. There is no need. I don't know what your mother-in-law's motives are except possibly to try to cut you out of your wife's estate and any possible benefits due you based upon her death. Such as an award due to a car wreck or work place injury. I would need more information to more accurately determine that, however, the important thing is you are not eligible for divorce for any reason due to your wife's death. Sorry you are having to face such an issue so soon after your wife's death.
Answered on Nov 08th, 2013 at 10:57 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Mom doesn't know what she is talking about.
Answered on Nov 08th, 2013 at 10:57 PM
No, there are circumstances where dissolution that are under way at the time of a party's death can be completed but the action can not be filed post mortum.
Answered on Nov 08th, 2013 at 10:56 PM
She's grieving, in her own way. But no, your mother in law cannot divorce you on behalf of her daughter. If she is not grieving and distraught, it may be simple greed motivating her. As a spouse, you share in whatever your spouse owned at time of her passing. Mother in law may think if she can make a divorce work, then anything available would pass to the mother in law and not you. Doesn't work that way.
Answered on Nov 08th, 2013 at 10:55 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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It isn't possible in Wisconsin.
Answered on Nov 08th, 2013 at 10:53 PM
No. There is no marriage for the Court to dissolve.
Answered on Nov 08th, 2013 at 10:52 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You absolutely positively can not get a divorce when one of the parties is deceased.
Answered on Nov 08th, 2013 at 10:52 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, this is odd, generally impossible, and probably has to do with your potentially having a right to your deceased wife's inheritance or trust proceeds.
Answered on Nov 08th, 2013 at 10:52 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Dead people can not file for divorce. Mothers can not file for daughters. If there are children, you are the person the court will give them to first unless there is a reason not to do so.
Answered on Nov 08th, 2013 at 10:51 PM