Canon 1383

1. Whenever the death of a spouse cannot be proven by an

authentic ecclesiastical or civil document, the other spouse is

not considered free from the bond of marriage until after a

declaration of presumed death is made by the eparchial bishop.

2. The eparchial bishop can make this declaration only after

appropriate investigation has enabled him to attain moral certitude of the death of a spouse from the depositions of witnesses, from rumor, or from indications. The mere absence of a

spouse, even for a long time, is insufficient. 3. In uncertain

and complex cases, an eparchial bishop exercising his power within the territorial boundaries of a patriarchal Church shall consult the patriarch; other eparchial bishops shall consult the

Apostolic See. 4. In such a procedure the intervention of the

promoter of justice is required, but not of the defender of the

bond.