A continually absent person is “a person which is almost a long time laps from his absence and there is not any news behalf him” (article 1011 of civil code). The rules and effects of absence of continually absent person which chapter fifth of civil code specified to it, are mostly derived from jurisprudence, and in fact the base of civil code in this part is Emamie jurisprudence. Absence of absent person which is known as discontinuous absence in the jurisprudence has influences on property and marital status, in aspect of remaining marriage, of absence person. What is enquiring in these lines is the nature of absence person spouse divorce and its effects.