Legal Question in Family Law in California

if i got married in 2000 and my ex was convicted to life in prison and we seperated in 2002, what do i file to end the marriage because basically there was never a marriage it happened while in prison and i havent heard from him in the past 8 years


Asked on 6/24/10, 10:35 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I assume that when you say "there was never a marriage" you mean he never came home and lived with you because he went to prison. If you mean, "I was never lawfully married," then you don't need to file anything. If you had a lawful ceremony, and registered the marriage license, then you will have to file a petition for dissolution of marriage.

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Answered on 6/24/10, 3:02 pm

Mr. Roach is right. I would add, that if you never had a conjugal visit to consumate the marriage, then you can have it annulled.

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Answered on 6/24/10, 4:23 pm


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