W. Tyler Moore, PC

How are marriages ended?

How are marriages ended?  Marriages are ended either death or divorce.  I had an interesting question posed to me today.  A couple were separated and a divorce had been filed. During the pendency of the divorce, the husband died in an accident.  A third party wanted to know if it was possible to get the divorce granted or alternatively, to try to have the marriage annulled because of an alleged fraud committed by the surviving wife. The short answer is "NO".  Until the parties were granted a divorce, they were married in the eyes of the law.  The surviving wife was the widow entitled to her share of the estate under the law.  As for an annulment, the only parties who could raise that issue were the husband and wife. The husband died and the wife wasn't interested in trying to annul the marriage.  Long story short, the deceased left a widow.\

I saw a case recently where the parties were granted an agreed divorce.  The ex-husband died within thirty days of the signing of the agreed dectree of divorce.  The ex-wife filed a motion for new trial asking the judge to set aside the agreed decree of divorce.  The ex-wife had decided it was better to be the widow rather than the ex-wife of the deceased.  The trial judge denied her motion for new trial.

Valid marriages are ended only by divorce or by death of a spouse.

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