Legal Question in Family Law in Colorado
remarriage laws
I haven't seen or heard from my husband in 22 years. I have tried to find him to see if he has already divorced me or is dead, to no avail. I would like to get remarried. Would I be committing bigamy? When I apply for the marriage license, do I have to say I was married since I don't have any proof of death or divorce? Thank you so much.
1 Answer from Attorneys
Re: remarriage laws
If your husband was last domiciled in the District of Columbia and you've been unable to locate him in 22 years, you should make application to the vital statistics bureau under the agency responsible for human health and safety and have him declared dead.
The applicable D.C. statute provides as follows:
Sec. 14-701. Presumption of death.
If a person leaves his domicile without a known intention of changing it, and does not return or is not heard from for seven years from the time of his so leaving, he shall be presumed to be dead in any case where his death is in question, unless proof is made that he was alive within that time.
Once you have the required certificate establishing the fact of your husband's presumed death, you will then be free to remarry without legal impediment.
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