Where do I stand?

[mjtp0821]

What is the name of your state (only U.S. law)? FL
Mediation papers by me and husband's power of attorney were signed May 22nd. Note there was not home or children involved with this case; basic. My husband passed May 24th. "Order to adopt mediation" signed by judge June 3rd. To date this has not been finalized and continuously postponed by his lawyer to be filed. When I obtained the death certificate I was informed that I could not have the cause of death because it is indicated as "divorced". Are mediation papers considered the dissolution of marriage? Am I not a widow? I am unable to obtain a straight answer on my own. Please advise. Thank you.

 

[Bali Hai]

What is the name of your state (only U.S. law)? FL
Mediation papers by me and husband's power of attorney were signed May 22nd. Note there was not home or children involved with this case; basic. My husband passed May 24th. "Order to adopt mediation" signed by judge June 3rd. To date this has not been finalized and continuously postponed by his lawyer to be filed. When I obtained the death certificate I was informed that I could not have the cause of death because it is indicated as "divorced". Are mediation papers considered the dissolution of marriage? Am I not a widow? I am unable to obtain a straight answer on my own. Please advise. Thank you.

Let me see, your husband passed after the legal filing of your complaint for divorce and before the divorce became final, and, you believe you are entitled to inherit all marital assets as if the divorce action were never filed, correct?

 

[Ohiogal]

Did ANYONE inform the court that your husband was dead?

 

[mistoffolees]

What is the name of your state (only U.S. law)? FL
Mediation papers by me and husband's power of attorney were signed May 22nd. Note there was not home or children involved with this case; basic. My husband passed May 24th. "Order to adopt mediation" signed by judge June 3rd. To date this has not been finalized and continuously postponed by his lawyer to be filed. When I obtained the death certificate I was informed that I could not have the cause of death because it is indicated as "divorced". Are mediation papers considered the dissolution of marriage? Am I not a widow? I am unable to obtain a straight answer on my own. Please advise. Thank you.

Someone will correct me if I'm wrong, but I believe you're not divorced until the judge says you're divorced and signs the final decree. If there is no final decree, you are a widow.

You need to notify the court that he is deceased. They may need to issue a subpoena for the death certificate since you are unable to obtain it on your own.

HOWEVER, his family or other heirs could contest your inheriting all of his property. They could argue that the two of you had agreed to a property division and that you are therefore not entitled to what would have been his separate property and that should go to the heirs. I don't know if that would hold up, but they could certainly try. Morally, they would be right. I just don't know how the legality would play out.

You should really discuss this with your divorce attorney. You may need an estate attorney, as well if it's a significant amount of money.

 

[Gracie3787]

What is the name of your state (only U.S. law)? FL
Mediation papers by me and husband's power of attorney were signed May 22nd. Note there was not home or children involved with this case; basic. My husband passed May 24th. "Order to adopt mediation" signed by judge June 3rd. To date this has not been finalized and continuously postponed by his lawyer to be filed. When I obtained the death certificate I was informed that I could not have the cause of death because it is indicated as "divorced". Are mediation papers considered the dissolution of marriage? Am I not a widow? I am unable to obtain a straight answer on my own. Please advise. Thank you.

Technically, you were not divorced on husband's date of death. However, since neither you nor his attorney notified the court, it sounds like the Judge finalized the divorce June 3.

You really need to speak to an attorney about the situation ASAP.
If you do not already have an attorney, you can get a low cost consult with one by calling the Florida Bar Lawyer refferal Service at 1-800-342-8011.

 

[mistoffolees]

Technically, you were not divorced on husband's date of death. However, since neither you nor his attorney notified the court, it sounds like the Judge finalized the divorce June 3..

Except that OP says that 'to date, this has not been finalized' so it sounds like the divorce was never signed off by the judge.

 

[Gracie3787]

Except that OP says that 'to date, this has not been finalized' so it sounds like the divorce was never signed off by the judge.

I reread the post, apparently the Judge signed on June 3, but the order hasn't been legally recorded (OP used the word "filed") yet.
In FL, a divorce decree/order isn't final until it has been recorded.
Either way, OP really needs to see an attorney, especially if she needs a death certificate with cause listed to recieve any life insurance.