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1. • Surviving spouse becomes a widow or widower

     • Though California courts can grant a default divorce when one spouse refuses to respond to a served divorce petition, it does not grant a divorce by default when one of the spouses dies. Instead, the surviving spouse becomes a widow or widower.
     californiafamilylawgroup.com/what-happens-if-my-spouse-dies-during-our-divorce-process/

     What Happens if My Spouse Dies During Our Divorce Process?

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   What happens if one party dies in a California divorce?

   • While a couple may be separated, the marital status is still alive until there is a judgment of dissolution of marriage or one of the parties dies. In this paper, I will address the issue of where there is a divorce pending in a California Court and one party dies before judgment.

   Death Of A Party During A Divorce | San Jose Family Law Lawyer

   www.merrisacoleman-bishop.com/death-of-a-party-during-a-divorce.html

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   What happens if one spouse dies during a divorce?

   • If one spouse passes away during a divorce, the most common scenario is the court dismissing the case and not granting a divorce. In some states, however, the family court may continue with the case to divide marital property. In other states, the family court may pass the case to the probate court to handle the deceased spouse’s assets.

   What Happens If One Spouse Dies in the Middle of a Divorce?

   www.ratzerfamilylaw.com/2021/03/what-happens-if-one-spouse-dies-in-the-middle-of-a-divorce.shtml

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   What happens when a spouse dies in California?

   • In California, when a spouse dies, the surviving spouse generally has the right to transfer assets and property in their name. However, there are exceptions. The surviving spouse would need a certified copy of the deceased spouse's death certificate and certificates of marriage to show that they were married to the deceased.

   Rights of a Surviving Spouse in California - KAASS LAW

   kaass.com/rights-of-a-surviving-spouse-in-california/

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   What happens if a spouse dies intestate in California?

   • In California, if a spouse dies intestate, meaning there is no will or trust, then the surviving spouse may inherit half of the community property, as well as, one-half of the deceased spouse’s separate property. (Can You Disinherit a Spouse in California?)

   Rights of a Surviving Spouse in California - KAASS LAW

   kaass.com/rights-of-a-surviving-spouse-in-california/

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   What happens if a spouse dies without a will in California?

   • Probate is avoided, and ownership of the entire property passes directly to the surviving spouse or registered domestic partner. This would be the case even if the deceased spouse left no will and the property passed to the surviving spouse under the California law of intestacy.

   How Does Community Property Pass at Death in California? - LegalMa…

   www.legalmatch.com/law-library/article/effect-of-spouses-death-on-community-property-in-california.html

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   Can a widow get a divorce if one party dies?

   • If one party passes away during the divorce proceedings, the court may dismiss the case and not grant a divorce. The court hearing the case may also transfer the case to a different court.

   What Happens If One Spouse Dies in the Middle of a Divorce?

   www.ratzerfamilylaw.com/2021/03/what-happens-if-one-spouse-dies-in-the-middle-of-a-divorce.shtml

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3. www.merrisacoleman-bishop.com › death-of-a-partyDeath Of A Party During A Divorce | San Jose Family Law Lawyer

   www.merrisacoleman-bishop.com › death-of-a-party

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   While a couple may be separated, the marital status is still alive until there is a judgment of dissolution of marriage or one of the parties dies. In this paper, I will address the issue of where there is a divorce pending in a California Court and one party dies before judgment.

4. arlenekocklaw.com › when-a-spouse-dies-during-aWhen a Spouse Dies During a California Divorce Action

   arlenekocklaw.com › when-a-spouse-dies-during-a

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   Feb 23, 2023 · Learn about the legal issues if a spouse dies during a divorce in California, including property division, spousal support, child custody, and probate.

5. klfamilylaw.com › what-happens-if-my-spouse-diesWhat Happens If My Spouse Dies During Our Divorce Case?

   klfamilylaw.com › what-happens-if-my-spouse-dies

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   Mar 15, 2023 · In California, the courts no longer have jurisdiction over a divorce case if one of the spouses dies. The courts must still be notified of the death and must receive confirmation of your spouse’s death before dismissing the case.

6. www.zitserlaw.com › blog › what-happens-when-oneWhat Happens When One Spouse Passes Away During a Divorce?

   www.zitserlaw.com › blog › what-happens-when-one

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   May 9, 2024 · In California, when one spouse dies and the divorce is not finalized, they will adhere to the laws regarding the inheritance of property. This included following the will, which likely had the surviving spouse as a beneficiary.

7. www.kringandchung.com › death-during-divorceDeath During Divorce | Kring & Chung, LLP | Irvine, California

   www.kringandchung.com › death-during-divorce

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   So what happens to a divorce action and property if one party dies during a dissolution proceeding? The answer depends upon several things, most notably: 1) Did the other party cause the death? and 2) Was the marital status terminated early by bifurcation?

8. www.ratzerfamilylaw.com › 2021 › 03What Happens If One Spouse Dies in the Middle of a Divorce?

   www.ratzerfamilylaw.com › 2021 › 03

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   Mar 31, 2021 · You will assume sole custody if your spouse dies during your divorce. However, your child’s grandparents can seek visitation rights from the court. They can also ask for custody if they believe you to be an unfit parent. As for child custody or alimony, your spouse will no longer be able to pay.