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Does a Matrimonial Action Abate Upon the Death of a Party?

On occasion, where the financial stakes are high between the surviving spouse and the decedent's estate, the issue of whether an action has abated as a matter of law has been litigated.

22 minute read November 02, 2014 at 12:00 AM
By
Thomas A. Elliot
Does a Matrimonial Action Abate Upon the Death of a Party?

As a general rule, the death of one party during the pendency of a divorce action causes the action to abate because the martial relationship between the parties sought to be dissolved no longer exists.

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