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 NOW his marriage!
Matthew Thompson is a Divorce Lawyer in Mississippi and may can help resuscitate your case.
Mississippi has specific licensing requirements to get married. You have to have a licensed issued, you have to have a ceremony and cohabit. The license is issued by the Clerk, the Ceremony is the thing you have at the beach, or the church, or the Court House and Cohabiting is living together.
But, what happens when there is a failure of one of the (3) requirements?
Typographical errors in the license do not invalidate a marriage when the marriage is consummated and you are living together. Failure to comply with licensure requirements and NOT living together does not a marriage make. This situation would result in an Annulment.
But, what if there was no ceremony?
Failure to have a Ceremony is fatal. It does not matter if the license was issued. It doe not matter if you shacked up. If you did NOT have a ceremony; at the beach, church, Court House, or backyard, if you did not jump the broomstick, you are not married. A Ceremony, of some type, is required.
So, want your marriage to Count- get a license, have a ceremony and live as husband and wife.
Matthew Thompson is a Divorce/Annulment Lawyer in Mississippi and reminds you to act fast if you are seeking an Annulment.
There is an old joke that the only sure things in life are death & taxes. Even in divorce you still have to worry about death and taxes.
Death: I have had several pending cases ended by death. In one instance my client’s spouse died very suddenly of an accident. It ended a contested divorce and custody case that had been progressing very slowly and not particularly amicably. While the divorce and custody issues were over, it created new issues with the deceased spouse’s family. Grandparent visitation issues and intestacy issues arose, since the spouse died without a will (intestate). This made the surviving spouse and children equal beneficiaries. This was something the deceased’s side of the family was not to keen about.
I was also involved in a case where the non-custodial parent got custody of the children when the custodial parent died after the case was “over.” They had been divorced for a few years. But upon the custodial parent’s death the children when back to the surviving parent.
Death does not end the issues you have with the other parent or former spouse. I know a lot of divorcing spouses may think it will solve all of their problems if that so-and-so would just die, but it could leave your children without their other parent. It can create issues with the former in-laws, who now may be pursuing their rights of grandparent visitation. It can create financial uncertainty as support obligations end at death, usually, and there might not be insurance or enough insurance.
Be careful what you wish for…
Matthew Thompson is a family law attorney that hopes your case is not prolonged or shortened due to the death of your attorney. (Taxes will be the subject of another riveting post).
‘Til Death Do Us Part!
(601) 850-8000 - - BowTieLawyer.MS 