fiancee wants to divorce criminal hubby

[jimskier]

My fiancee is 35 years old, was married at the age of 17 in California. Within a year, she left her husband and moved across the country. Since then, he has been and is currently in prison in California. She and I currently reside in Indiana, and we want to get married but are unsure of the laws in California on annullment and Divorce. I have heard of "common law Marriage", but can she claim that she is no longer married considering she has had no contact with this man for 18 years?
Jim

 

[LegalBeagle]

My fiancee is 35 years old, was married at the age of 17 in California. Within a year, she left her husband and moved across the country. Since then, he has been and is currently in prison in California. She and I currently reside in Indiana, and we want to get married but are unsure of the laws in California on annullment and Divorce. I have heard of "common law Marriage", but can she claim that she is no longer married considering she has had no contact with this man for 18 years?
Jim

No. She has to obtain a legal divorce. Retain a Family Law Attorney in Indiana.