Night Court

Hi Honey, I'm Home - S1-E13

Question: In this episode, a married woman is surprised to discover that her first husband, a soldier who was MIA and then declared legally dead is still alive. How would this affect her marriage to her second husband? Is she still legally married to her first husband?

Chosen answer: Being declared legally dead is called "death in absentia", meaning there is no evidence of death (i.e. a body), but the individual is presumed dead. This can happen to anyone, not just MIA soldiers. If a spouse petitions the courts to grant a divorce on the presumption of death and all criteria are meet, they are legally divorced and free to remarry. The return of the presumed dead would not change the divorce ruling. However, if a spouse does not go through the legal steps prior to remarrying, then the return of the presumed dead spouse would nullify and void the 2nd marriage immediately (and the remarried spouse could face bigamy charges).

Bishop73

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