What would happen if I pass away before the divorce is finalized? Dan Exner, J.D. | July 18, 2015 – 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 Related Posts:Changing Your Name After Divorce October 7, 2015 Addressing The Unexpected During A Divorce Proceeding November 3, 2016 What would happen if I refuse paternity testing in a paternity trial? September 19, 2014 International Child Abduction December 8, 2015 When Your Kids Take Sides September 20, 2015 Your Kid’s College Savings and Divorce December 30, 2015 Submit a Comment Cancel replyYou must be logged in to post a comment.