If a person's spouse goes missing and is presumed dead, how long do they have to wait to remarry?

Hypothetical situation:

Jane's husband, John, goes missing. The police search and his pic is on TV but he isn't found. When can she legally remarry? What happens if she marries Dave, then John shows up ten years later? Who is she married to then?

7 Answers

  • Anonymous
    1 decade ago
    Favorite Answer

    when he is legally declared dead the person is a widow and can remarry.

  • 1 decade ago

    She may think John is dead or she can presume that John has abandoned her and get a divorce on the grounds of desertion. Then if John shows up, being live is a non-issue.

  • 1 decade ago

    If some one is missing..there will be an crimnal investigation into the missing person..one should be focus on finding the person not worrying about getting remarried..

  • WRG
    Lv 7
    1 decade ago

    Varies state to state. In some states a court ruling that the person is dead would be required.

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  • Daniel
    Lv 4
    1 decade ago

    Sounds like an episode of Snapped.

  • Anonymous
    1 decade ago

    Once you get the death certificate your good to go.

  • Do it right away... I know John and he was a bum anyway.

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