Is a divorce necessary after over 60 years of being abandoned, ifa spousewants to remarry?

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Is a divorce necessary after over 60 years of being abandoned, ifa spousewants to remarry?

My mother married very young at age 15 and was abandoned 1 year later. She met my dad the next year and they have been together for over 60 years. Now want to marry legally before they die. Does my mother need to legally divorce after all this time? She doesn’t even know where her husband is or if he is even still alive.

Asked on March 8, 2012 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

How lucky for her to have found some one that she remained with for so long.  Yes, your Mother should indeed seek legal help to formally divorce.  There are ways to get divorced even if your spousees whereabouts are unknown.  And she needs to do this for legal reasons as as the ex is still entitled to part of her estate - yes, even after so long.  Good luck.


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