Legal Question in Family Law in California

declaring spouse legally dead

In the state of California, what is the normal time period required after the disappearance and presumed death of a spouse before the surviving spouse can have him/her declared legally dead, and does this constitute an automatic divorced/widowed status? Further, if the spouse who disappeared should return after an 8 year absence, does this effect the marital status?


Asked on 7/06/04, 11:50 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: declaring spouse legally dead

In California, a person not heard from in seven years is presumed legally dead. You would need to file a court proceeding to establish the fact of death.

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Answered on 7/07/04, 5:43 pm


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