‘Til Death Do Us Part!
Karen sued Joseph for Divorce in Connecticut. Joseph took the position that she could not get a divorce because they were no longer married. The reason? He died.
Connecticut law provides that a marriage may be terminated by divorce or death.
Joseph alleged that during the marriage he was technically dead for a period of time, albeit temporarily, until the use of CPR brought him back to life. Ergo, Karen was not entitled to a divorce. Joseph took this position in a Court filed pleading! The Court did not take his argument as serious as a heart-attack.
Joseph failed to provide any evidence supporting his claim, such as medical records and more importantly the definition of “death” is the permanent cessation of all vital functions, an irreversible cessation of circulatory and respiratory functions, or an irreversible cessation of all functions of the entire brain, including the brain stem.
Joseph, after all, was not dead. Just his legal argument was…and his marriage.
Matthew Thompson is a Divorce Lawyer in Mississippi and may can help resuscitate your case.