If someone is missing, how does the spouse have a marriage legally ended?

Different countries and states have different laws but generally you can file for divorce at any time for abandonment.

Of course, you will have to prove you have had no contact with the spouse for some time and that you have made attempts to contact him, her, or family members.

If kids are involved, the courts will make you generally wait longer. In Va. its 1 year if children are involved and the partition is uncontested.

Google your state and our country Divorce laws to get better time lines...

According to this site

http://blogs.lawyers.com/2011/01/missing-or-legally-dead/

the person has to fall into one of two categories -

Missing 4-7 years with no contact and a diligent search has been made,

or

the person was exposed to imminent danger and didn't return.

Then a petition to have them declared dead can be filed. Apparently ther circumstances are looked at (like financial difficulties) before they're actually declared dead.

Depending upon the circumstances, people who have gone missing and been declared dead inside of a few months to after twenty years the judge still won't declare them dead. The seven year rule is just a presumption, and can be rebutted.

Personally, I'd recommend filing a divorce for abandonment and ignore this issue entirely, unless there is going to be some legal benefit in declaring him dead, for instance gaining pension rights. A divorce is a lot simpler and cheaper.

Best of luck,

Jim Clark-Dawe