Marriage question

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kelliewallace

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I want to ask this as sensitively as I can as some people on this forum may have experienced this. When you marry, and your spouse passes away, are you still classified as legally married? If the surviving spouse years later wish to be with someone else, do they need a specific certificate or document so they can rewed?

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Cathy C

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If the spouse dies and a death certificate is issued, the surviving spouse is considered a "widow" or "widower" and can remarry at will.

But that only applies to a spouse who actually can be proved to have died. If the body was never found (such as in a murder, lost at sea, or military action) many states have a waiting period before the missing person can be declared "legally dead" which takes an order of the appropriate court for the state. The surviving spouse is sort of in limbo until then, because often even a divorce can't be done without the other person being properly served with the legal papers.
 

shaldna

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Cathy pretty much summed it up. However, someone can be declared dead 'in absentia' ONLY if the circumstances surrounding the events overwhelming suggest death and not abandonment - for instance there is reason to suggest murder or suicide but no body ever found, or an accident such as a boating accident / plane / train / explosion etc where a body may not necessarily be found. (divorce on grounds of desertion can be granted after 2 years and, as far as I can remember, doesn't need to the other person to be involved, but don't quote me on that)

In the UK someone can be legally declared dead in these circumstances after 7 years and only if there is no evidence or reason to suspect that they are still alive - eg. all the people likely to hear from them have not had contact, no evidence of use of accounts etc. To note, if the person is subsequently proven to be alive after all, then you may need to talk to a solicitor to see what would happen if the widow had remarried etc.

In the UK there was quite famous case a couple of years ago worth having a read:

http://en.wikipedia.org/wiki/John_Darwin_disappearance_case
 

blacbird

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I want to ask this as sensitively as I can as some people on this forum may have experienced this. When you marry, and your spouse passes away, are you still classified as legally married?

No.

If the surviving spouse years later wish to be with someone else, do they need a specific certificate or document so they can rewed?

No.

But they shouldn't do so.

caw
 

Jamesaritchie

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Nope, that's what, Till Death Do We Part means
 

frimble3

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So. If you're planning to kill your spouse, don't make the body too hard to find?
 

Becky Black

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When you get married you're required to show that you are free to marry. That is you're not still married to someone else. So if you were previously married you have to produce the legal documents that prove either your previous spouse is dead, or that you have a finalized divorce or annulment. Marrying while knowing you're not legally free to marry is bigamy and will get you in big legal trouble in most places.

Obviously a widow or widower who sincerely believed their former spouse was dead and had a valid death certificate for them, would not be culpable if that former spouse suddenly showed up again. On the other hand if they married, but KNEW the supposed dead spouse was still alive, despite the death certificate, they would be culpable, even though a death certificate exists, because they'd have made a false declaration that they were free to marry.
 

WeaselFire

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I want to ask this as sensitively as I can as some people on this forum may have experienced this. When you marry, and your spouse passes away, are you still classified as legally married?
Death dissolves the marriage contract. Any spouse would have a death certificate, which is the only legal document needed when applying for the new marriage license (other than ID. etc.)

Jeff
 

Jamesaritchie

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And at death, they did indeed part.

And are now free to remarry.

Yep, though I still think "Till Death Do Us Part" was written into the contract by a man. It's the only escape clause we have.
 
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