Panama City Beach, FL asked in Divorce and Family Law for Florida

Q: Spouse filed and served a petition for Annulment of marriage. I have received papers. He has passed before my response.

What do I do? Do I still have to respond, and file with the court house? There is no more marriage to annul, though it is a summons.

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3 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Once a party to a divorce that is pending passes away the family court loses jurisdiction meaning the case is over. You do not need to do anything, although you may want to notify the court of the death. Speak with a local family lawyer for more specific advice.

Terrence H Thorgaard agrees with this answer

V Julia Luyster
V Julia Luyster
Answered
  • East Concord, NY
  • Licensed in Florida

A: I am so sorry for your loss. Under these facts as I understand them your deceased Husband's estate would not be able to substitute into the dissolution action. You should file a Suggestion of Death in your case so that the court is aware that this is not a matter of a default judgment that might impact you in the future. You should consult with an estate planning attorney to be certain that your inheritance through death or estate planning occurs correctly.

Michael Ferrin
Michael Ferrin
Answered
  • Orlando, FL
  • Licensed in Florida

A: If your husband passed way the case needs to be closed as the divorce is no longer possible. You should obtain a certified copy of his death certificate and file it with the court and request for the case to be closed/dismissed.

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