Question Details:

My wife and I split years ago. At the time, neither of us wanted to go through the divorce court hassle, so I guess that means, legally, we're still married. Problem is, now I want to get remarried but have no idea where my wife is. Do I still need to get a divorce? How?

Family Law Attorney Response:

More details are necessary for me to give a definitive answer regarding this question. However, the court has previous experiences with divorce situations like yours.

In the case of Colby v. Colby, 102 Wis. 2d 198, 306 N.W.2d 57 (1981), the Supreme Court of Arizona ruled state courts have the ability to look at other decisions from different states when the case involved is related to both. The current state has the ability and discretion to rely on the decision from the past state if it seems a reasonable judge would come to that conclusion.

The details further needed regard your current filing and any new information since your last filing for divorce, as these are critical pieces to finding an answer. Give me a call so we can talk all of this over.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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