My Client Died During the Dissolution Action, What Do I Do Now?
Nancie Yomtov is an attorney practicing in Santa Clara County and certified by the State Bar of California Board of Legal Specialization; she has been practicing for 39 years. She earned her M.A. in Psychology from the City University of New York in 1972 and her Juris Doctorate from the University of Santa Clara in 1980. She is a member of the State Bar of California, has been a board trustee of the Santa Clara County Bar Association for two terms, the is a past chair for the Family Law Executive Committee of the Santa Clara County Bar, as well as a past chair of the County Bar’s Family Law Education Committee. She has acted as a Judge Pro Tem for both family law settlement conferences and Small Claims court. She has been published in the periodical of the Association of Family Law Specialists as well as the State Bar Family News Journal.
How can I proceed, we were in the middle of things, and now my client (or opposing party) is gone. Well, the answer is: it depends.
Generally speaking, if a party dies during the pendency of the action, the action is abated; it is over, as there is no marriage to dissolve. But this is not always the case.