– from Thomas A. in Muskego, WI

Question Details:

I currently have cancer and want to file for a divorce. If I die before the divorce is finalized, what happens?

Family Law Attorney Response:

Thank you for your question and I am sorry to hear about the situation you are in.

It was decided in Pettygrove v. Pettygrove, 132 Wis.2d 456, 393 N.W.2d 116 (Ct. App. 1986) that if one party dies prior to a judgment for divorce, the divorce action is terminated. However, if the judgment is rendered orally and then the party dies, the judgment is upheld.

If you have any more questions, feel free to call.

Dan Exner, J.D.

Family Law Attorney

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