If my wife abandoned me and I am not sure where she is at, can I get married again soon? 15 Answers as of March 28, 2016

My wife abandoned me and I want to remarried.

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Law Office of Barton R. Resnicoff | Barton R. Resnicoff
You have to get divorced from her. You have to figure out a way to give her notice of the divorce which, when possible, should include her receiving actual knowledge of the divorce. How that is done will depend upon what you about her, or someone you know who might be in contact with her, now. Dissolving the marriage, depending upon what is involved and how long you were married, is fairly simple; whether you proceed based upon abandonment or the new irretrievable breakdown basis; and the biggest concern may be how backlogged the courts are in the county you live in; although there is an improvement in that lately.
Answer Applies to: New York
Replied: 3/28/2016
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
No, you cannot get married until a court orders that you are divorced (and even then in WI you can't get married for 6 months after the divorce).
Answer Applies to: Wisconsin
Replied: 3/28/2016
S. Joseph Schramm | Joseph Schramm
Ultimately, you could get remarried, but you would have to terminate your current marriage. This could be done in one of two ways. You could bring an action in divorce and file a motion with the court to serve your wife through publication of the complaint in the newspaper of her last known residence. However, you would have to convince the court that you have made a good faith attempt to locate your wife's whereabouts by showing all the things you did to try to locate her. If the order is granted you could then proceed to file your complaint, publish it in the newspaper and proceed with the divorce. Alternatively, you might attempt to have your wife declared legally dead, but you would essentially have to take the same steps locate her whereabouts. Additionally you might have to conduct a search in the vital statistics departments of all states to see if a death certificate for her has been filed. If no death certificate can be located then you would probably not obtain an order declaring her to be deceased. The better option would be to make a concerted effort to locate her and, if unsuccessful, file a complaint and motion with the court to serve the complaint by publication.
Answer Applies to: Pennsylvania
Replied: 3/25/2016
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
No, you will still have to file a divorce. You can take steps/procedures to serve her by publication. That can get complicated, so you should work with an attorney or the advice of one. Our office assists with divorce forms and procedures, as well as full representation.
Answer Applies to: Wisconsin
Replied: 3/24/2016
Peyton and Associates | Barbara Peyton
Abandonment is not a ground for divorce in California. But you must get divorced from your wife before you marry again or the new marriage will be void.
Answer Applies to: California
Replied: 3/23/2016
    Law Office of Darin Kanfer | Darin J. Kanfer
    You will need to get divorced first.
    Answer Applies to: Michigan
    Replied: 3/23/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    You would run a serious risk of committing the crime of bigamy. You must first divorce your current wife (if she is alive). A skilled family law attorney can help you accomplish this. The sooner you start, the sooner you can remarry.
    Answer Applies to: Wisconsin
    Replied: 3/23/2016
    Attorney at Law | Aimee C. Robbins
    NO you cannot remarry until you obtain a divorce!
    Answer Applies to: Maryland
    Replied: 3/23/2016
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Under California law, you must first terminate your existing marriage by way of a divorce petition before you can legally remarry. Please meet with an experienced family law attorney to explore your options on locating your wife and on properly serving her divorce pleadings.
    Answer Applies to: California
    Replied: 3/23/2016
    Law Office of Robert E McCall | Robert McCall
    You must first be divorced. Otherwise alarms will ring in Tallahassee and you are accused of bigamy. See a local attorney.
    Answer Applies to: Florida
    Replied: 3/23/2016
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You cannot remarrying until after you have been officially divorced.
    Answer Applies to: Michigan
    Replied: 3/23/2016
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