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Well, first of all you’ve got to realize that, most of the time if one of the parties dies, unless certain things have occurred, the action is terminated because divorce is something that’s very personal to the people going through it. However, if the judge has granted the divorce but has additional issues to deal with, such as the property distribution, et cetera, those issues continue on and a personal representative must first be appointed to represent the deceased spouse.
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Nassau county family law attorney, Barton Resnicoff, explains how the death of a spouse impacts divorce proceedings.