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Kids & Family

Do I need to file for divorce after a long term separation?

I have been separated from my wife for 10 years. Do I still need to file for a divorce?

Family Law Matters, Community Contributor

Dear Gina Famularo,

I was legally married in Mexico but have been separated for the last 10 years. Do I need to get divorce in Mexico first before I marry someone in CA?

-Joe

Dear Joe,

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Yes! It does not matter what state or country you were married in. If you were married anywhere in the world, you must obtain a divorce before you can marry another person. The new marriage would not be valid. It does not matter how long you have been separated, you cannot marry someone else until the first marriage is dissolved. Doing so is bigamy and it is a crime.

-Attorney Gina Famularo

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