If my boyfriend is in jail and he has not seen his wife over ten
years, (she asked him to leave) is he still considered married?  There
has been no communication between them since 1995.  I performed an
extensive background check on her and I cannot find marriage records. 
Can I marry him at this time?

I doubt that there is any state in which a marriage is automatically
dissolved by the absence or incarceration of a spouse. Unless either
your boyfriend or his wife took action to end the marriage, it is
entirely likely that he is still married, and that you would be
committing bigamy by marrying him.

Yeah. It's a matter of paperwork. They're not tracking whose with who
when and where for how long to determine the marriage expiration date.


Paper work is paper work. No reasons, excuses or purpose needed. Just procedure.

You boyfriend is still legally married.

The institution of marriage is a legal and binding contract. It takes
a court order to become "unmarried." Your boyfriend, or his wife, must
instigate the disolution of their marriage, or they remain married
until the day one of them dies. Marriage does not expire.

Not only that, but in some states community property laws prevail.
Community property laws are such that a spouse can be held liable for
1/2 of all debts, and/or, receive 1/2 of all assets, acquired during
the marriage by EITHER person, after the date of the "marriage."  This
can have many benefits or consequences.
 
The states recognizing Community Property laws are: Louisiana,
Arizona, California, Texas, Washington, Idaho, Nevada, New Mexico, and
Wisconsin.

To marry someone without getting a legal divorce is bigamy. Bigamy is
defined as a person that marries again before getting a legal divorce.

Here's an interesting page on marriage laws:
http://usmarriagelaws.com/search/extramarital_affairs/bigamy_laws/index.shtml 
Nullification (annulment):
http://usmarriagelaws.com/search/united_states/annulment_laws/index.shtml

I can't help but wonder... You have a boyfriend that is not only in
jail, he's also married. What does this man have to offer you?  Let me
guess. Whatever the crime was, it wasn't his fault, or, he was
wrongfully convicted (innocent). His wife asked him to leave because
he was a good husband and provider. He is measurably close to release
and is in need of verifiable, gainful employment, and living quarters,
upon release from jail. His family and best friends have reasons why
they can't or won't help him. He's wants a good chance upon release.
He loves you. He wants to be with you...

Here's my unsolicited advice. Take your time. Don't rush this. Actions
speak louder than words.

~~Cynthia