For your husband to be considered divorced from his first wife, he must have a legal divorce order from a court that has jurisdiction over that matter. If he has been living in California for over two years, California should be the state that has jurisdiction. If he never signed the divorce papers but was served with a summons and complaint, his first wife may have received a default judgment against them. You must check with the county recording office for matrimonial matters in the county where he resided and in the county where his first wife lived at the time when she made the application to see if they have any records of such divorce.
The fact that they have not been in contact for over ten years it is totally irrelevant.
If in fact he did not get a legal divorce, his second marriage to you was illegal, and you should be able to get an annulment based on that fact.
Leonard M. Weiner, Esq. / Divorce Solutions