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Answered 2006-08-27 23:17:42

The issue of the absentee spouse being an illegal immigrant is irrelevant in regards to the situation cited. California is a community property state and that can cause some very complicated issues in this type of situation. Abandonment of a spouse under CA. law is considered a criminal offense. That only applies if the absentee spouse was able to provide for the abandoned spouse yet left him or her in a position of destitution. Meaning the abandoned spouse did not have or a means to obtain,food, shelter, medical care, and so forth. For example if the abandoned spouse was employed or the absentee spouse did not have financial means to support said spouse the law would not apply. There is no "automatic" dissolution of marriage simply because one spouse disappears, so to speak. The law presumes the abandoned spouse could have, at any time, exercised his or her legal rights and taken steps to have the marriage dissolved. The matter is so complexed that the only sensible option is for the involved party to obtain legal advice as to the status of the marriage and what if any claim the absentee spouse may have.

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