How Is My Texas Divorce Affected If My Spouse Passes Away or Becomes Incapacitated?
FAQ from The Ashmore Law Firm
Divorce can become more complicated when unexpected events happen. If a spouse passes away or becomes incapacitated during the divorce process, Texas law determines how the case moves forward. Below are common questions people ask when facing this situation.
What happens to my divorce if my spouse passes away before it is finalized?
In Texas, a divorce case cannot continue once a spouse has passed away. The family court no longer has authority to divide property or issue orders. Instead, the case is dismissed because the marriage ends automatically upon the death of a spouse.
However, issues related to property, debts, and inheritance will shift to the probate court. The distribution of assets will depend on whether the deceased spouse had a will, the type of property involved, and Texas community property rules.
Do I inherit anything if my spouse dies before our divorce is final?
If the divorce was not finalized, Texas treats you as the surviving spouse. This means you may still have inheritance rights based on:
• Whether your spouse had a will
• Community property laws
• Beneficiary designations
• Nonprobate assets such as life insurance or retirement accounts
In many cases, you remain entitled to a portion of your spouse’s estate unless a planning document specifically states otherwise.
What happens if my spouse becomes incapacitated during the divorce?
If your spouse becomes incapacitated due to illness, injury, or a medical condition, the divorce may still move forward. The court will require a legal representative or guardian to be appointed to act on your spouse’s behalf. This ensures the incapacitated spouse’s rights are protected while the case continues.
The court may also consider medical evidence, financial needs, and the long term care expected for the incapacitated spouse when dividing property or determining support.
Can I still get a divorce if my spouse is mentally incompetent?
Yes. Texas law allows a divorce to proceed even if one spouse is mentally incompetent. The court will appoint a guardian or attorney ad litem to represent your spouse’s interests. The case may take longer, and the judge may ask for additional reports or evaluations to ensure fairness.
What if my spouse’s incapacity affects parenting or custody issues?
If children are involved, the court will prioritize their safety and stability. Sudden incapacity may impact:
• Conservatorship
• Possession and access
• Protective parenting arrangements
• Medical decision making
• Emergency orders
The court may modify temporary orders or create new ones to ensure the children’s best interests are met.
Do I need both a family law attorney and a probate attorney?
If a spouse passes away during the divorce process, working with both a family law attorney and a probate attorney can be important. Family law governs the dismissal of the case, while probate law determines how property is handled after death.
The Ashmore Law Firm advises clients on both sides of these situations to ensure all legal issues are addressed.
Speak With an Experienced Dallas Family Law Attorney
Navigating a divorce becomes significantly more complicated when a spouse passes away or becomes incapacitated. You do not have to handle these issues alone.
To get clear guidance from an experienced attorney, contact The Ashmore Law Firm or call 214.559.7202. We serve clients throughout the Dallas area and are ready to help you understand your rights and options.
