I was married in 1986.my husband abanded our family in 1993.I have not heard from his since;neither has his family.do I have to file for divorce before I get married.I do not know if he is alive or dead?

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Originally Posted by cantero

i was married in 1986.my husband abanded our family in 1993.i have not heard from his since;neither has his family.do i have to file for divorce before i get married.i do not know if he is alive or dead?

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You cannot legally marry until your previous marriage is legally dissolved - by death, divorce, annulment.

If you want a divorce and cannot find your husband you would have to to a search for him and if you cannot locate him, then file by publication.

Good answer from Judy (must spread it around) and you should retain a lawyer to get this accomplished properly. This is more than a small legal mess; your husband is your heir, along with your children, so you should have a will that deals with his absence.