What Happens if a Partner Passes Away During Divorce? 

 Posted on September 18, 2023 in Divorce

Life can take unexpected twists and turns and it is important to be ready for them. The last thing you may ever have thought you would need to address is what to do if your partner passes away during your divorce. But if your partner is currently suffering from a chronic illness, this event may not seem so far away. 

If you are facing the prospect of a partner who has passed on in the middle of the divorce process, it is important to be well-informed. We suggest you contact a lawyer who can answer your questions and concerns. At Brandon Wong & Associates, you can rest assured that you are in good hands. We make every effort to establish a welcoming atmosphere where all questions are treated with concern and care and will handle your case with the sensitivity it deserves.

What is the Next Step After the Death of a Partner During Divorce?

Having your partner die during your divorce is certainly unusual, but the law in the Lone Star State dictates what should happen next on these rare occasions. According to Texas state law, if one partner passes away before the case is resolved, the divorce is dismissed. This means that the case will not proceed in court. Instead, a lawyer will officially report that their client has died. The living partner will then be viewed as a widowed individual rather than someone who went through the divorce process.

How Does Death Affect Child Custody? 

In light of your case being dismissed, you still may have other pressing questions. One question you may ask is whether you will automatically receive custody of your children. When your partner passes away, your children will automatically be placed under your care.

It is also your right to receive all of the property that your spouse owned. This remains true regardless of how involved you were as a parent after filing for divorce. It is also important to note that although your divorce process is no longer ongoing, the court can still make decisions that are in the best interest of your children. 

Contact a San Antonio, TX Divorce Lawyer

While the idea of having a spouse pass away during a divorce can feel overwhelming, you do not have to deal with the process alone. That is where a Bexar County, TX Divorce Lawyer comes in. Here at Brandon Wong and Associates, we are prepared to address any tasks or issues that may arise during your divorce. We are experienced in all matters of family law, including child custody, paternity, and adoption. Contact us at Brandon Wong & Associates or at 210-201-3832 to schedule a meeting. With our assistance, you can feel at ease and concentrate on other aspects of your life.