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If my husband and I have a confidential marriage do I still need a divorce?

Bankruptcy and Debt 2 views 5 answers
I married him while he was in county jail in 2006. We've been separated for years and I am planning on getting re-married soon. i believe he also plans to re-marry after being released from dvi prison. If divorce is necessary would it be easier/cheaper for him to file papers while incarcerated?

Attorney Answers

5
Kelvin Green ·
What is a confidential marriage? If you were legally married, you need a divorce. . It seems He will have a more difficult time to file due to access to the things you need...
0 upvotes
Valarie Mcneice ·
If you obtained a marriage license and are legally married, then you need to file for divorce in the County were you reside. It would not be cheaper or easier in custody.
0 upvotes
Edna Straus ·
I think incarcerated might lead to a gee waiver. Other wise, I see no advantages.
0 upvotes
Gregory Benton ·
There is no such thing as a confidential marriage. Duly licensed marriage are on the public record. If you took out a marriage license and then got married and then filed the executed marriage license, then you are married and you need a divorce. If you didn't take out a marriage license, then you aren't married as there is no such thing as common law marriage in California.
0 upvotes

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