Legal Definitions - Enoch Arden doctrine

The Enoch Arden Doctrine is a law in some states that deals with situations where a spouse marries another person, believing that their original spouse is dead. If the original spouse returns after a certain period of time, the marrying spouse may be able to get a divorce or a legal exemption to remarry.

The name of the law comes from a poem by Alfred, Lord Tennyson, called "Enoch Arden," which tells the story of a sailor who is shipwrecked and believed to be dead by his wife and children. Enoch returns years later to find that his wife has remarried and has a new family.

The length of time required for the Enoch Arden Doctrine to apply varies depending on the laws of the state. In most cases, it is around seven years.

For example, if John and Jane are married and John goes missing, Jane may believe that he is dead and eventually marry another person. If John returns after seven years, Jane may be able to get a divorce or a legal exemption to remarry the new person.

The Enoch Arden Doctrine is designed to provide a legal solution for situations where a spouse is missing and presumed dead. It allows the marrying spouse to move on with their life without fear of legal repercussions if the missing spouse returns.