What is the effect of the death of a party in a divorce action?

California, United States of America


The following excerpt is from Darter v. Magnussen, 172 Cal.App.2d 714, 342 P.2d 528 (Cal. App. 1959):

The death of one of the parties to a suit for divorce abates the action and terminates the jurisdiction of the court to proceed with the action or to make any further determination of property rights, alimony, costs or attorney's fees. Bevelle v. Bank of America Nat. Trust & Savings Ass'n, 1947, 80 Cal.App.2d 333, 334, 181 P.2d 730. However, the death of a party does not affect the court's power to take such action as may still have to be taken to

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