My wife left 5 years ago and I haven't seen her since; is this abandonment or am I still married?

Question Details:

After a year-and-half after I was married, my wife took off to become a stripper in Vegas. I haven't seen her since; about 5 years.  I've met someone I would like to start a life with, but I don't know if I am still married or is this considered abandonment. If not what actions do I need to take, as I have no idea where she is, what she's doing, or even if she has already divorced me... I'm at a loss and want to close this chapter of my life.

Asked 11/21/2009 under Divorce, Marriage, Alimony | 493 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

You are married until a final divorce decree has been issued.  Abandonment can be a grounds for divorce but a court would still have to rule on it.

If you don't know where your wife is, you can "serve" a divorce complaint via "notice by publication".  This is used when a respondent-spouse cannot be located by the petitioner-spouse.  Basically, the respondent is notified of the divorce proceedings by publishing such notice it in a local paper in the area of their last known whereabouts. 

Then, depending on what state you are in, they have to reply within a certain amount of time.  If they do not, you can proceed with a default divorce.  Each state has rules about how you go about filing for a default divorce, but it can be done.

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