Q: Can I get married in California if I was married in Mexico but separated for 10 years?
I was legally married in Mexico but have been separated for the last 10 years. Do I need to get divorce in Mexico first before I marry someone in CA?
A: You should strive to follow the law and get divorced properly to avoid future problems, like bigamy or where your present spouse could make a future claim to your assets if you die stating they are your current spouse and you never divorced. The reality is that nobody checks but in my practice I have seen cases as I mentioned where the rush to marry or to save money by not doing things right had future negative consequences. Maybe your spouse can be found and would agree to the divorce?
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