Remarriage. Wait 5 Yrs, Presumed Death? Or Sooner, Guardianship as Back Door to Divorce?
@Seattle1 Thank you for your response to my post #995. It prompted me to think about this issue, both as it applies to BM & SM, and the gen legal principles. Not disagreeing w you about remarriage, re
historical use of Gdnship laws and Presumption of Death laws. Good comments about the potential for abuse of the gdnship status, esp'ly in a situation like this. TYVM.
Either way, before remarriage, BM
must seek judicial resolution before being able to legally remarry, unless (1) SM is located alive, or (2) SM's remains are found before BM files in ct, as one of the two possibilities.
If (1) ^ occurs, no need for IN gdnship to continue, it can be terminated. Any potential remarriage that BM wants to pursue (hypo only, per W/S ToS) would be after a divorce on the usual/common terms, w both parties able to be present, have legal representation, and participate.
If (2) ^ occurs, well, I refrain from predictions, until we know about death cert w ME's CoD and MoD.
@Seattle1 again thanks. Where is SM?