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haven't seen husband in seven years

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S

scarlett

Guest
my husband and i split up in a big fight. the last time i saw him was seven years ago. now i would like to remarry and i need to know how. he's a violent man and i'm frightened for the saftey of myself and my children. we were only married three months.
i live in ohio and would like to divorce him without his involvement. is this possible?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by scarlett:
my husband and i split up in a big fight. the last time i saw him was seven years ago. now i would like to remarry and i need to know how. he's a violent man and i'm frightened for the saftey of myself and my children. we were only married three months.
i live in ohio and would like to divorce him without his involvement. is this possible?
<HR></BLOCKQUOTE>

My response:

Please confirm the following would be good in your State; that is, the following is for "guideline" information ONLY. DO NOT DEPEND OR RELY UPON IT !!

Preexisting marriage to spouse absent five years: A subsequent marriage when a party has a spouse still living is only voidable (valid until adjudged a nullity where, at the time of the subsequent marriage, the former spouse (a) has been absent, and not known to be living for five successive years immediately preceding the subsequent marriage, or (b) "generally reputed" or believed to be dead.

Strict construction against deserting spouse: A deserting spouse has a duty to keep the other (deserted) spouse advised of his or her whereabouts. Consequently, a deserting spouse cannot rely on certain laws to avoid a determination his or her subsequent marriage is illegal and void on the ostensible premise the deserted spouse has been absent for five years and not known to be living.

Good faith belief former spouse deceased: In any event, the spouse who entered into the subsequent marriage (whether a deserting or deserted spouse) must have had a good faith belief the former spouse was dead. Otherwise, the subsequent marriage will be deemed illegal and void. Uncertainty whether first spouse alive or dead is not enough to render subsequent marriage voidable rather than void.

IAAL



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