QUESTION
Is their marriage void because of the divorce although he died?
Asked on Apr 10th, 2014 on Divorce - Idaho
More details to this question:
A declared incompetent woman, mentally ill, violent past history, marries out of the state because they cannot obtain a license in the state and returns to reside in the stare with spouse. Spouse files for a divorce shortly after two years of an abusive marriage. He dies before divorce is final and ask that if he did die to investigate his death. Woman prevents this from happening somehow (money talks, she got over 3 million) leaving children and family out of the will and life insurances. However, will states children's name so they cannot contest it.
2 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Unless they were finally divorced, they were married. You certainly portrayed a very convoluted, and potentially relevant fact situation. I would suggest that if anyone is concerned about these matters that they engage an attorney to do an investigation and review all of the known information. After that an opinion, and potential plan of action can be formulated.
Answered on Apr 11th, 2014 at 12:02 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Well since you get nothing anyway, it won't hurt to contest it on the basis of undue influence would it? As for the incompetence, that one is a little rough. Did she have a guardian? Did the guardian consent to the marriage? If not, you might have a basis for voiding the marriage. Regardless, the husband did leave her everything in the will. Knowing he was getting divorced, you would think he would have changed the will, wouldn't you?
Answered on Apr 11th, 2014 at 9:59 AM