Legal Question in Family Law in California

Is a divorce necessary

A woman, a citizen of Mexico, lives in California. Her

''husband'' is a citizen of Mexico, and they met while living

in California. They never legally married, but have

children together and lived together for over 10 years.

This woman now is separated from her husband and wishes

to legally marry a citizen of California. Does she

need to file for divorce, is a divorce necessary?

Are there other legal ramifications apparent?


Asked on 4/17/03, 4:17 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Is a divorce necessary

There is no common law marriage in California and therefore living together does not create a marriage. From the facts that you have given, the parties are still single persons and are eligible to marry. Good Luck, Pat McCrary

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Answered on 4/17/03, 10:30 am


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