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What happens if my missing husband returns after I remarry?

What happens if my missing husband returns after I remarry?

Full question:

I live in Tennessee. My husband is missing for 4 years. What will be the legal consequences if he returns after I marry someone?

Category: Marriage
Date: 04/07/2025
State: Tennessee

Answer:

In Tennessee, if a spouse is missing for two years and the other spouse remarries, the missing spouse can return and take legal action within one year. They can file a petition for restoration of conjugal rights or for dissolution of the new marriage. The court will then decide which marriage remains valid. This is outlined in Tenn. Code Ann. § 36-4-128, which states that if one spouse marries again based on a false rumor of the other’s death, the absent spouse may insist on their rights upon return, and the court will make a ruling on the marriages accordingly.

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 long does a spouse have to be gone before its abandonment?

In Tennessee, a spouse may be considered abandoned if they have been absent for an extended period, typically one year. However, abandonment is often determined by the circumstances surrounding the absence, such as whether the absent spouse intended to return. If a spouse is missing for two years, the remaining spouse may seek legal action, including divorce. It's essential to consult with a legal professional to understand your specific situation. *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.*

What are examples of spousal abandonment?

Examples of spousal abandonment include one spouse leaving the marital home without consent and not returning for an extended period, or choosing to live separately without any intention of reconciliation. Additionally, if a spouse stops providing financial support or communication, it may also be considered abandonment. Each case is unique, so legal advice may be necessary to assess specific situations. *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.*

What is considered spousal abandonment in Tennessee?

In Tennessee, spousal abandonment occurs when one spouse leaves the other without consent and does not return for a significant period, typically one year. This absence must be without justification or intent to return. Abandonment can impact divorce proceedings and may affect custody and property division. Legal advice is recommended to navigate these situations effectively. *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.*

How long does a spouse have to be gone for abandonment in Tennessee?

In Tennessee, a spouse is generally considered to have abandoned the other if they have been absent for one year without consent or intention to return. This absence can lead to legal actions, such as divorce. However, the context of the absence is crucial, and legal counsel can provide guidance based on individual circumstances. *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.*