– from Albert G. in South Milwaukee, WI

Question Details:

My wife and I went through a divorce. After the oral judgment of the divorce and during the completion of evidence, my ex-wife died. The trial court ordered a final property division before the completion of evidence occurred. Is the court allowed to do this or must they wait for the completion of the evidence?

Family Law Attorney Response:

It seems something went wrong when you were at the court and you may want to take further action.

In the case of Roeder v. Roeder, 103 Wis.2d 411, 308 N.W. 2d 904 (Ct. App. 1981), even if someone dies before the completion of evidence relating to the division of marital property, the trial court should not speed up the process and order a final property division; the trial court must wait for the completion of evidence in order for the beneficiaries to receive their just rewards regarding the property division.

Give me a call so we can set up a time to meet and discuss the upcoming options you have regarding this matter.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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