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Common logic would dictate that such a lengthy abandonment would result in the absentee spouse losing all rights to any marital property. Unfortunately that may not be the case, it may depend upon the state where the marriage took place not necessarily the state where the spouse now resides or last resided. Marital laws have changed greatly in 25 years. A legal marriage from such time would still be legal if neither spouse petitioned for and received a divorce decree and could allow the absentee spouse to place a claim against the estate of the abandoned spouse. Immigration laws were also very different than what they are now, meaning in some cases an immigrant could become a US citizen simply by marrying a US citizen. In such a situation it would be in the best interest of the abandoned spouse or his or her family members to retain an attorney qualified in such matters as soon as possible.

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โˆ™ 2006-08-27 17:59:10
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Q: Is an illegal immigrant spouse entitled to any part of an estate of the spouse he abandoned 25 years ago?
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