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Can I dissolve my marriage due to my husband's absence?

Can I dissolve my marriage due to my husband's absence?

Full question:

I am a resident of New York. I am married for 10 years. My husband went missing during a mountain expedition 6 years ago and I have not seen or heard of since then. All the searches thus far have been futile and I believe he is no more. Can I dissolve the marriage on the ground of spousal absence?

Category: Divorce
Subcategory: Grounds
Date: 04/07/2025
State: New York

Answer:

In New York, you can dissolve your marriage if your spouse has been absent for five consecutive years and you believe them to be dead. According to New York Consolidated Law Service §220, you must meet one of the following criteria:

You are a resident of New York for at least one year before filing.
Your spouse's last known residence was in New York at the time of their disappearance.

Per New York Consolidated Law Service §221, your petition must state that your spouse has been absent for five years, that you believe them to be deceased, and that you have made diligent efforts to find them without success. The court will then require you to publish a notice in a local newspaper for three weeks, informing your spouse of the petition and the hearing date. If the court finds your claims valid after the hearing, it may grant the divorce.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do I deal with an absent husband?

Dealing with an absent husband can be emotionally challenging. First, try to gather information about his whereabouts. If he has been missing for an extended period, consider seeking legal advice regarding your options, including divorce due to spousal absence. Document your efforts to locate him, as this may be necessary if you decide to file for divorce under New York law, which allows for dissolution after five years of absence.

What to do when missing your husband?

If your husband is missing, start by reaching out to family and friends to see if they have any information. You may also contact local authorities to file a missing person report. Consider hiring a private investigator to help locate him. If he remains missing for five years, you could explore legal options for divorce based on his absence, as allowed under New York law.

Does my husband in heaven remember me?

The belief in whether a loved one remembers you after passing varies greatly among individuals and cultures. Many people find comfort in the idea that their loved ones continue to watch over them. However, this is a personal belief and not a legal matter. If you are dealing with grief, consider seeking support from friends, family, or a counselor.

What to do when your husband goes missing?

If your husband goes missing, first report it to the police and file a missing person report. Gather any relevant information about his last known whereabouts. Reach out to family and friends for support and assistance. If he remains absent for an extended period, you may want to consult with a legal professional to discuss your options, including the possibility of divorce after five years of absence under New York law.

What do I do if my husband is missing?

If your husband is missing, take immediate action by reporting it to local law enforcement. Collect any information that might help in the search. Engage with family and friends for support and to help spread the word. If he does not return after several years, you may want to consult a lawyer about your legal options, including the possibility of filing for divorce due to spousal absence under New York law.