What If a Spouse Dies During a Divorce in Georgia?

A lot of divorces require an extended period of time to settle, and sometimes one spouse dies before it is completed. The case is dismissed when such an event takes place in the state of Georgia. Two parties have to be living to get a divorce in Georgia, so if only one is left, the divorce cannot take place.

According to World Population Review, the divorce rate in Georgia is 11%.

If Your Spouse Dies, Is Your Marriage Automatically Dissolved?

Your marriage to your estranged spouse will remain intact until the announcement of the absolute decree – which ends your marriage. You will be considered “single” and free to remarry in the eyes of the law if your spouse dies before the divorce in Georgia is finalized. If your spouse dies before the divorce is finalized, however, the divorce will end simply because there is no more marriage to dissolve.

After a Divorce in Georgia Is Finalized, Does the Settlement Become Void If the Other Spouse Dies?

Divorce on death seems to end the divorce process itself, but it may be more complex to deal with the financial aspects of a divorce following death. A spouse’s death will have a significant effect on the financial aspects of a divorce based on the stage of the divorce in Georgia, whether or not a final judgment has been entered in the case, and whether or not financial proceedings have been conducted.

In the Event of an Already Issued Financial Order:

It is possible to enforce your spouse’s inheritance, at the same time as you pay for what the final financial order says is due to you, when your spouse passes away after a final financial order has been issued and a court has issued an absolute decree.

When your spouse dies after you receive the payment of the injunction, you will no longer be able to claim their property. This is due to the court or consent order establishing a final financial order for your spouse. The definition of a final financial agreement draws provides explicit guidelines regarding the division of marital property, thereby preventing future claims by either party.

In the Absence of a Financial Order:

However, if a spouse dies before the court’s ruling on a divorce in Georgia, the situation becomes more critical. Since no formal debt is owed to the deceased spouse and the financial claims have not been finalized, the first step is to find out whether the deceased spouse left a Will.

Unless there is a Will, heading rules will apply to you and you would be treated as if you had lost your spouse. This means that, according to succession rules, you could potentially be entitled to all of your spouse’s assets, those held jointly by you and those that are solely held by your spouse. The dynamics of the case and the settlement will majorly depend on what is written in the Will, in the case where your spouse has left a Will.

What to Do With Pensions:

For spouses who have passed, pension payments can be lump-sum payments or monthly payments, known as life annuities. Most monthly payment plans can be customized to meet the needs of the survivor.

An extension of the life annuity is achieved by continuing to pay the surviving spouse after the decedent’s death. The pension benefits will not be hindered by the spouse entering into a new relationship or by remarrying.

Parental Duties and Responsibilities Concerning Child Custody:

Unless the court decides otherwise, child custody or parental responsibilities will cease, as will child support orders. The surviving spouse will have all children born during the marriage under their care. The family members of a deceased spouse (grandparents, aunts, uncles) do not have automatic access to the deceased spouse’s estate.

There is no requirement that the extended family of a deceased spouse is involved in the child’s life, but it is up to the surviving spouse to decide. Georgia law recognizes that grandparents have the right to spend time with their grandchildren if the parents or surviving spouse refuses to allow it. The grandparents can request a visit in court.

Contact an Albany Divorce Lawyer:

Regardless of your current circumstances, our divorce attorneys in Albany, GA can help guide you through the process of divorce and through your rights and responsibilities afterward. Call us to discuss your case.

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