Is it possible to file for divorce from a long-missing husband?
Article 68 of the Civil Code 2015 provides:
- When a person has been missing for a continuous period of 02 years or more, despite having applied all the measures of notice and search as prescribed by law on civil procedures, but there is still no verified news about whether that person is alive or has died, the Court may declare that person missing upon request of the person with related rights and interests.
The 02-year period is calculated from the date of the last known news about that person; if the date of the last news cannot be determined, this period is calculated from the first day of the month following the month of the last known news; if the day and month of the last news cannot be determined, this period is calculated from the first day of the year following the year of the last known news.
- In the case where the spouse of the person declared missing requests a divorce, the Court shall resolve the divorce according to the provisions of the law on marriage and family.
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In this case, your husband has been away from home for 3 years without news. Therefore, you have the right to file an application requesting the Court to notify and search for your husband. If there is still no news, you have the right to file an application requesting the Court to declare your husband missing. After that, you may file for divorce and the Court will resolve the divorce according to the provisions of the law on marriage and family.
Respectfully!
