Legal Question in Family Law in California

You are married until you get a judgement of dissolution. You were separated on the date that either of you came to the unwavering decision that your marriage was over. Despite this, if there is a dispute, the court may interpret outward manifestations of still being married, (e.g. dinner dates, birthday cards, conjugal visits, joint accounts etc), as evidence that you were married longer than 3 years

I agree with Mr. Walker. You are married until a judge signs a decree dissolving your marriage and returning both of you to the status of single people, or one of the spouses dies. Being incarcerated does not terminate a marriage.