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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101403
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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What happens if I was in the middle of a divorce and before

Customer Question

what happens if I was in the middle of a divorce and before the judge finalized the divorce he dies
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  NYFamilyAttorney replied 1 year ago.
Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues, contract law, and other types of law. I also have written hundreds of legal articles. I look forward to helping you today.Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. Oh, keep in mind that at the end of this discussion I'm going to ask you to please rate me as that's the only way I get credit for my time here today. Thanks! I don't know what state you are in but it really doesn't matter for the answer because the procedure is the same. When this happens, another judge either from that court or from another court (where that judge will have to be transferred) will take over your case. This has happened in many cases at many times. There are times when a judge is reassigned in the middle of a case. When a judge dies, the next judge will come in and take over from there. No matter where you are in the divorce proceedings. the court makes sure someone takes over the cases that that judge had. Whether they reassign someone within the courthouse or whether they get another judge from another area to transfer to your courthouse, they will get another judge. Do you have an attorney? Is your attorney helping you? If you have one, your attorney should have told you not to worry, not to be upset about it but I'm here to help. I can tell you not to worry about it because the next judge will take over right where the other one left off. Sorry to hear about the judge but it does happen, and it happens a lot. Judges are reassigned, lose elections, die, etc. during cases all the time. You will be protected by having another judge reassigned to your case.I don't know where you are in the process, but if you are at the end of the hearing or have settled, then the new judge will wrap up the case for you. If you're in the middle of a hearing, then the new judge will review the transcripts and review what has happened before he or she took over this case. He/she MUST review what went on before and then he/she will be able to preside over your case as if that new judge was there all along! You are protected, so not to worry.If you have a lawyer, make sure you talk to your lawyer and find out when they will assign a new judge. If no lawyer, then you can call your clerk's office and ask them.The clerk's office may not know yet but they may have some idea. Does this answer your question? If you need more information, let me know.I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished. Kindly rate me positively so that I can get credit. It is no additional charge to you. Please accept my answer, rate my answer and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. I thank you in advance for rating me. Please let me know if there is more that I can do to answer your question and if you need more information. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. Thank you and best of luck to you!
Customer: replied 1 year ago.
I miss worded my question the judge did not die but my husband died before the judge finalized the divorce I'm hoping I can get the answere without having to pay again thank you I live in Ontario canada
Expert:  NYFamilyAttorney replied 1 year ago.
I'm sorry. Right, that does make a difference. Do you have an attorney? Have you discussed this with your attorney? I'm a US lawyer but in the US what usually happens is this -- if everything was done but the paperwork, then it's usually considered divorce. If there was more than just the paperwork, it's usually considered as not a divorce. Do you want a Canadian lawyer to help you instead?
Customer: replied 1 year ago.
Yes I would like a canadian lawyer I did click on canada thank you and no I do not have a lawyer thanks
Expert:  NYFamilyAttorney replied 1 year ago.
I am opting out but make sure you have a discussion with customer service bec I think there''s another page for Canada. Make sure you tell everyone you are in Canada. Good luck!
Expert:  Legal Ease replied 1 year ago.
I am sorry for your loss. The executor of the estate has to continue dealing with the lawsuit on behalf of the estate. Let me know if you need further clarification than that.I am a family lawyer in Ontario and happy to help.