Divorce after Dad's Death

Dad died last month. I was helping him with a No Contest DIY Divorce from his wife.
No martial property, No minor kids. Both parties wanted a simple, no contested divorce.

Dad served her the Divorce paperwork. She acknowledged receiving them.
But Dad died before we could file for a divorce hearing.

Can I proceed on my Dad’s behalf to push forward the divorce ?

I am sorry for your loss.

No, an absolute divorce can only happen in life. The court action he initiated is not longer a valid action and the court will dismiss it. It would be a good idea to let the clerk’s office know that the plaintiff has passed away.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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