kkreno said:
I reside in Nevada, I have been seperated from my spouse since 1986, when he left me and my 2 children. I have not really had the resources to file for divorce. I know this may sound silly, but since he left so long ago, and has never been in our lives, do I still need to get a divorce? We were married under a "confidential" marriage, if that makes any difference. Also, I have no idea where he is. Any help would be appreciated. Thanks
My response:
It's not a silly question. It's a question asked out of concern. You're not expected to know the law and all of it's intricacies.
It's understandable that some people think, but wrongly so, that because they've been "separated" for many years that "time" automatically renders a marriage ended. It doesn't. In the eyes of the law, you're forever married until you get that piece of paper that says "Granted" in your hot little hands.
Yes, you still need to file for, and obtain, a dissolution of the marriage. The Confidential Marriage Certificate has nothing to do with whether or not you need a divorce.
You can file for a dissolution of your marriage, despite the fact that you don't know where your husband currently resides. Your attorney will inform you of all the details on how this will be done. Unfortunately, the procedures for divorcing when the whereabouts of the other spouse is unknown can be quite costly, and for reasons, again, your attorney will explain to you in detail. Start saving your Sheckles.
IAAL
