Sometimes, throughout the course of a divorce, one spouse dies. When this happens, the steps the remaining spouse must take, within the divorce process, shift considerably.
What Happens If Your Spouse Dies During A Divorce In Tampa?
Right after a spouse dies, during a divorce, there is one action the remaining spouse must take. And, this action is as follows: file a “suggestion of death” form.
The goal of a suggestion of death form is to ensure that the court knows that one spouse has passed away. By informing the court of this fact, the remainder of the divorce process can take place.
Even though the other spouse has passed away, the Florida courts will not automatically grant the surviving spouse a divorce. Rather, the marriage is still valid, until a judge has signed off on the divorce decree, which dissolves the marriage. This can take some time, although it is usually a relatively simple process
What Happens Right After Your Spouse During A Divorce In Tampa?
When a spouse dies, during a divorce, there are three major considerations that must be dealt with. The three major considerations, in question, are as follows:
- Child custody.
- Property division.
- Finances.
Every single one of these will be dealt with in a manner that is quite different from standard divorce proceedings.
Child Custody After Your Spouse Dies During A Divorce In Tampa
The surviving spouse will be given full custody, and time-sharing, of their children. No other parent or party will be given custody, as no other party has the right to do so.
Just as an example of the above, grandparents do not have visitation rights. And, for this reason, grandparents are not entitled to custody of their children or any form of time-sharing, unless the surviving parent allows it.
Property Division After Your Spouse Dies During A Divorce In Tampa
Any assets and/or property owned by a spouse who passes away, before the finalization of the divorce, will go through probate. By going through probate, these assets can then be divided according to the deceased spouse’s will or, if they didn’t have a will, the laws that govern the state of Florida.
A surviving spouse may receive certain assets and/or property. But, the exact assets/property they receive, and the amount, is dependent on the deceased spouse’s will, as well as the terms of Florida law and how they relate to the assets/property that is being divided between spouses.
Finances After Your Spouse Dies During A Divorce In Tampa
No spouse can collect child support, or alimony, from a deceased spouse. But, depending on the situation, they may be able to collect social security survivor benefits or life insurance.
Outside of the above, though, it isn’t always very likely that a surviving spouse will receive very much after their spouse dies during a divorce. But, depending on the deceased spouse’s affairs, it is always possible.
Speak With A Tampa Divorce Lawyer Today
Going through a divorce, when one spouse has died, is complicated. Speak with a Tampa divorce lawyer at Westchase Law today and we will assist you in going through the divorce and obtaining the best possible legal outcomes.
Sources:
casetext.com/rule/florida-court-rules/florida-rules-of-civil-procedure/rules/rule-1260-survivor-substitution-of-parties
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0039/Sections/0039.509.html