Wednesday, April 29, 2009

DEATH BEFORE JUDGMENT

Donald F. Conviser, a Certified Family Law Specialist and owner of Warner Canyon Law Offices in Woodland Hills CA, in the San Fernando Valley, aggressively and effectively representing parties in Divorce [Dissolution of Marriage] and other Family Law proceedings in Los Angeles and Ventura Counties for over 35 years, offering a free, confidential consultation regarding your Divorce or Family Law issues - call him at 818/880-8990, brings you another informative blog, addressing DEATH BEFORE JUDGMENT, in a series of blogs designed to inform and educate readers about various areas of Family Law and Divorce.

What happens if a party to a Divorce dies during the proceedings?

If a Bifurcated Status Dissolution had not been entered [i.e., if the parties were still married when a spouse died], the death of a party terminates the dissolution proceeding. The surviving party obtains all rights to custody of the parties' children forthwith on the death of the custodial parent.

If a Bifurcated Status Dissolution had been entered, the Court retains jurisdiction to resolve the reserved issues, including issues preserved by the Bifurcation Order, and the deceased spouse's estate can proceed in the place of the deceased spouse to divide the community property and enforce the bifurcation orders.

Posted by DONALD F. CONVISER, owner of WARNER CENTER LAW OFFICES in Woodland Hills, California, a Certified Family Law Specialist who has aggressively and effectively represented people in family law and divorce cases in the Superior Courts of Los Angeles and Ventura Counties since 1972 in all areas of family law and divorce, including Bifurcation of Marital Status, property division, prenuptial agreements, premarital agreements, divorce, paternity, nonmarital dissolution, stepparent adoption, child support, spousal support, child custody, and visitation. If you have a question regarding any aspect of divorce or family law, call DONALD F. CONVISER at 818/880-8990 for a free confidential consultation.

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