Is someone still legally married if they have been separated for 8 years
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is someone still legally married if they have been separated for 8 years
Husband passed away been separated for
at least 8 years, have filed for a
divorce then but he never signed his
papers so I was wondering if I am
responsible for his debts
Asked on October 7, 2018 under Family Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Unless and until a final decree of divorce has been issued by a court, a marriage is not ended. This is true no matter how long that a couple may have been separated. As for your husband's debts, that will depend on specific state law. In PA, my research suggests that one spouse is not liable for the other spoue's debts unless the debt is a joint obligation (i.e. in both of their names) or the oter spouse has otherwis agreed to be obligated for the debt. That having been said, there is a state statute that provides that a spouse can be held liable for necessities which were purchased in the name of the other spouse but used by both. Funeral and medical expenses are not such debts. However, if you are seeking to inherit from the estate, the debts and medical/funeral expenses that are legitimately owed by the deceased spouse or the estate must be paid before estate funds may be distributed. At this point, you should contact a local attorney who can best advise you further.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.