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i heard this from california divorce attorney. i got married in 2001 for 3 months.. i left him. i tried locating him to do my divorce but could not find the bastard. one attorney told me if you are unable to find spouse for 7 years, in the eyes of the law, in the eyes of the law you are possibly a widow, he might be presumed dead. is this true?

2007-07-30 07:10:35 · 11 answers · asked by megaherzfan 4 in Family & Relationships Marriage & Divorce

umm i dont have his SSN, bank info, credit cards, nothing. his family? i am not sure because they came as tourists and expired their visas.. I did contact INS but they didnt do jack.

2007-07-30 07:37:23 · update #1

11 answers

I suppose that would make sense...I mean if they can't find the man to finish the divorce and you've searched for 7 years than why not right? You shouldn't have to stay married to someone you want to divorce just because he'd hiding out somewhere.

2007-07-30 07:19:21 · answer #1 · answered by ♥Mommy to 3 year old Jacob and baby on the way♥ 7 · 1 0

I believe that in most states a body isn't necessary to prove death. As long as you or the authorities have made an effort to locate a person based on all known information on this person then after a reasonable amount of time then this person can be determined to be legally dead. Now if your ex all of a sudden pops up and tries to claim anything from you then he could be found to have abandoned you unless he can come up with a viable reason why he disappeared for so long. You have the legal advantage.

2007-07-30 14:21:11 · answer #2 · answered by rollmanjmg 4 · 1 0

Only if someone filed a missing persons report and he has been missing for seven years. If you put an add in the paper 3 times for a divorce from him, and he dose not respond all three times, than you can get your divorce without him signing the papers.

2007-07-30 14:16:04 · answer #3 · answered by cowboy_fan 5 · 1 0

The seven years sounds about right, then your marriage would be 'canceled' They would class him as dead/missing if he had no activity under his name, SSN, bank, credit cards etc. Have you tried contacting his family?

2007-07-30 14:34:15 · answer #4 · answered by Mama~peapod 6 · 0 0

Only if you filed him as a missing person. If you filed divorce papers, then you a a divorced woman.

2007-07-30 14:14:36 · answer #5 · answered by sur4ed 4 · 0 0

i guess so. that is some weird state you are living in regarding taxes.

2007-07-30 14:15:17 · answer #6 · answered by ~*~ chiclets gum ~*~ 4 · 0 1

i guess legally, yea, you are a widow

2007-07-30 14:13:23 · answer #7 · answered by Missy Jean 3 · 0 0

yep

2007-07-30 14:13:00 · answer #8 · answered by Anonymous · 0 0

sounds good to to me ;p

2007-07-30 14:12:39 · answer #9 · answered by youcandoit 4 · 0 0

yes!!!!! at least i hope so because he is a jerk

2007-07-30 14:13:32 · answer #10 · answered by Anonymous · 0 0

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