If my wife died before divorce papers were signed by the judge, do I still have to pay her attorney fees?

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If my wife died before divorce papers were signed by the judge, do I still have to pay her attorney fees?

Asked on October 19, 2012 under Family Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Please speak with your attorney.  This is really a very complicated matter.  If one of the parties to a divorce action dies before the divorce is final the law in many states is that the court loses jurisdiction over the proceeding.  Was the payment of the money part of the agreement?  Then that agreement may be reviewed in the probate court for validity and enforcement.  Get help.  Good luck.


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