DISSENTING OPINION
LEONEN, J.:
I dissent.
A petition praying for the declaration of presumptive death of an absent spouse should be resolved on its own merits, not on the basis of preconceived notions of acts that the present spouse ought to have done. Approaching such cases with an a priori disapproving stance, which may be trumped only by compliance with an idealized "to-do list," is unreasonable. It not only prevents courts from appreciating the present spouse's efforts for their inherent merits; it also casts aside the more basic—and statutorily imposed[1]—duty of each spouse to be present: "to live...
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