woman is abandoned by her husband, how can she remarry?

[Lisa Petersen]

What can a woman do if she has been abandoned by her husband and he can not be located?  This happened to one of my ancestors after about 10 years of marriage and 4 children.  He left in about December 1814 and I can't find him after that (I don't think he wants to be found).  The lægdsruller confirm that he left his wife and his residence is unknown.

I learned this from the police records.  In September 1818, Birthe Marie Hansdatter (in Bredsten sogn, Tørrild herred, Vejle amt) asks Vejle amt to locate her husband Johan Daniel Reisky/Reische, and the order goes to the Nørvang-Tørrild herred Politimester where I found this, bottom of right page

https://www.sa.dk/ao-soegesider/billedviser?bsid=307472#307472,63053905

At about that same time, Christen Mikkelsen began to live with her.  They had 2 sons, born in 1820 and 1822, and married in 1822.  Everything is good after that.  I learned more from the police records again, right page starting with the 8th line of text

https://www.sa.dk/ao-soegesider/billedviser?bsid=307473#307473,63054181

So if her first husband was never found, could she get a divorce (without him)?  If she could not get a divorce, would she have to wait some years to prove he would not return in order to be free to remarry?  Would there be a record of that, among the normal divorce records or in another place?  I assume that divorce records are still in Viborg Landsarkiv.  What other records should I look for about the first marriage (and divorce?)?  I don't mind looking online at hundreds of pages where there is no index — that is how I found these police records.

På forhånd tak.

Lisa Petersen
near Washington, D.C.

[Ole Westermann]

Hej Lisa

See here in Danske Lov 1683  http://bjoerna.dk/DL-1683-internet.pdf - search on desertio

When 3 years have gone, the left person shall summon the other part to Herredsting and later to Landsting and prove the desertio. Then have a testimony from the vicar and a character from the parish authority to have lived a decent life.

mvh Ole

[Grethe Leerbech]

I have had the same problem. And my ancestor 1846 had her marriage suspended by sentence, I found the sentence in "justitsporotokollen"  in the actual "Viborg byfoged", and she had to make a division of the property because of the common children .
Maybe you could find it in the actual "herredsret" or "byfoged"
She got the allowance after 5 years.

[Lisa Petersen]

Hej Ole & Grethe

Thank you for the replies!  Very interesting about the desertio procedure.  I will try the justitsprotokoller and skifter too.  I never would have thought to look for a skifte in this case.  Good, now I have more records to look for!

mvh
Lisa Petersen
near Washington, D.C.