The death of a spouse during divorce proceedings can significantly affect the case, often leading to the dismissal of the entire action. In Texas, if one spouse dies before the divorce is finalized, the divorce suit, including any incidental issues like property division and child custody, is typically abated. This means the court no longer has jurisdiction to continue with the case, and the proper course of action is usually to dismiss the divorce suit entirely.
However, there are exceptions. If the court has already rendered an oral judgment that is considered final and dispositive of the issues before it, the court may still proceed to enter the formal divorce decree. This situation underscores the importance of timely legal action and understanding the implications of unexpected events, such as the death of a spouse, during divorce proceedings.