Remarriage? Circumstances? Presumed Dead? CO?
There's been discussion about circumstances under which BM could marry. One way: be patient, cross fingers for luck, and in 4 yrs and several mos, if remains are not recovered sooner, he can file action to have MisPers declared dead, per
CO statute* after absence
"for a continuous period of five years, during which he or she has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead."
What kind of evidence could a man like BM offer to the court, to try to show the various required elements-
--- A wife's absence for 5 yrs continuously.
.....Fast forward to May 15, 2025, when he files and can testify "I have not seen her since May 10, 2020." ..........check.
--- She has not been heard from.
..... He can testify 'I have not heard from her since May 17, 2020, not in person, no mail, no phone, no texts." ..check.
--- No satisfactory explanation.
..... He can testify "Our marriage was ideal, she had no problems in her life. I haveo idea why she's absent.".....check.
He can testify re above elements. .......................................................................................................................check.
Suppose no one else testifies. Then RHS, the Real Head Scratcher ...................................................................hmm?
--- Diligent search or inquiry.
..... He can testify:
I phoned her and left NNN voice mails on [dates].
I searched the house for her, then our prop on [dates].
I talked w LE (N times for N hours?) on [dates].
I gathered N [5?] friends to search for her in [areas], spending N days looking.
I recorded a 28 sec aud-vid on [date] which my nephew posted on FB and he opened a G-F---M- campaign page.
On ^ recording I offered $100,000 reward for her safe return. A friend matched it.
I was interviewed twice by LS, Fox News, ColSpg for N min total on [dates].
And LE - CCSO, CBI, and FBI - participated in searching and investigating.
And my BiLaw organized a search team of N ppl to search for N days in [areas].
^^^^^^ Are above searches and inquiries sufficient for a ct to find them....................................................diligent???
As always I welcome comment, clarification, correction, esp'ly from our legal professionals.
![Wink ;) ;)](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
![Wink ;) ;)](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
And I asked for O.J. Simpson's help in finding her.![Roll Eyes :rolleyes: :rolleyes:](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
![Roll Eyes :rolleyes: :rolleyes:](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
Sorry, Sleuthers, just kidding.![Smile :) :)](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
![Smile :) :)](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
![Wink ;) ;)](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
__________________________________________________________
* CO R.S. Title 15. Probate, Trusts, and Fiduciaries § 15-10-107. Evidence of death or status
"(e) An individual whose death is not established under paragraphs (a) to (d) of this subsection (1) or under section 15-10-106.5 who is absent for a continuous period of five years, during which he or she has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead." bbm Colorado Revised Statutes Title 15. Probate, Trusts, and Fiduciaries § 15-10-107 | FindLaw