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presumptive death

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1 presumptive death on Sun Dec 30, 2012 2:23 am

lovela2006


Arresto Menor
hi im needing help .. i haven't seen my husband in 5 years and we have a child but he does not support us in any way... i have tried to contact his family and no reply so not sure if his family still live there .. can you please tell me what i need to file for presumptive death?

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2 Re: presumptive death on Sun Dec 30, 2012 3:16 pm

concepab


Reclusion Perpetua
lovela2006 wrote:hi im needing help .. i haven't seen my husband in 5 years and we have a child but he does not support us in any way... i have tried to contact his family and no reply so not sure if his family still live there .. can you please tell me what i need to file for presumptive death?

are you planning get married again? if not, no need for a summary proceedings . If yes, we have these provisions under the family code;

1. the time required for the presumption to arise has been shortened to 4 years.
2. there is need for a judicial declaration of presumptive death to enable the spouse present to remarry.
3. a stricter standard is imposed: there must be a “well-founded belief” that the absentee is already dead before a petition for declaration of presumptive death can be granted. A married person must conduct a search for his missing spouse with such diligence as to give rise to a “well-founded belief” that he/she is dead.

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