2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 17 - Miscellaneous Provisions Relating to Marriage
1701 - Decree that spouse of applicant is presumed decedent.

                                CHAPTER 17
              MISCELLANEOUS PROVISIONS RELATING TO MARRIAGE

     Sec.
     1701.  Decree that spouse of applicant is presumed decedent.
     1702.  Marriage during existence of former marriage.
     1703.  Marriage within degree of consanguinity.
     1704.  Marriage between persons of the same sex.

        Enactment.  Chapter 17 was added December 19, 1990, P.L.1240,
     No.206, effective in 90 days.
     § 1701.  Decree that spouse of applicant is presumed decedent.
        (a)  Finding of death.--When the spouse of an applicant for a
     marriage license has disappeared or is absent from the place of
     residence of the spouse without being heard of after diligent
     inquiry, the court, aided by the report of a master if
     necessary, upon petition of the applicant for a marriage
     license, may make a finding and decree that the absentee is dead
     and the date of death if notice to the absentee has been given
     as provided in subsection (d) and either of the applicants is
     and for one year or more prior to the application has been a
     resident of this Commonwealth.
        (b)  Presumption from absence.--When the death of the spouse
     of an applicant for a marriage license is in issue, the
     unexplained absence from the last known place of residence and
     the fact that the absentee has been unheard of for seven years
     may be sufficient ground for finding that the absentee died
     seven years after the absentee was last heard from.
        (c)  Exposure to specific peril.--The fact that an absentee
     spouse was exposed to a specific peril of death may be a
     sufficient ground for finding that the absentee died less than
     seven years after the absentee was last heard from.
        (d)  Notice to absentee.--The court may require advertisement
     in any newspapers as the court, according to the circumstances
     of the case, deems advisable of the fact of the application for
     the marriage license, together with notice that, at a specified
     time and place, the court or a master appointed by the court
     will hear evidence concerning the alleged absence, including the
     circumstances and duration thereof.
        (e)  Remarriage after decree of presumed death.--Even though
     the absentee spouse declared to be presumed dead is in fact
     alive, the remarriage of the spouse who has obtained a license
     to marry and a decree of presumed death of the former spouse
     shall be valid for all purposes as though the former marriage
     had been terminated by divorce, and all property of the presumed
     decedent shall be administered and disposed of as provided by
     Title 20 (relating to decedents, estates and fiduciaries).