Is a marriage valid if one of the witnesses that signed is an illegal immigrant and used a false identity?

Asked on July 12, 2012 under Family Law, North Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Good question. The marriage license that you have written about just because one of the couples is an illegal alien is not invalid as a matter of course. If the illegal alien used a false name or an alias and the other spouse knew such at the time of marriage, then the marriage license is still valid if an actual ceremony was performed.

However, if the one spouse was deceived by the illegal alien into the marriage, then there might be a basis to annul the marriage.

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