If my husband married me under an a,lias does that make my marriage invaild?

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If my husband married me under an a,lias does that make my marriage invaild?

I’m hoping it makes it invalid. My estranged husband married me under and alias. His last name being very very different from the one on his birth certificate and SSN. Does that make out marriage invalid? If so, that would save me a ton of time and heartache. And where would I go to get proof of to being invaild?

Asked on September 27, 2016 under Family Law, Oregon

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In such cases, many states allow for the deceived spouse to seek either seek an anullment or treat the marriage as if it were a valid. This is known as the "putative spouse doctrine" and provides certain rights/protections for a wife or husband who was led to believe that they entered into a valid marriage. If the wronged spouse seeks a divorce, they would have possible rights to property and spousal support. However, if the spouse who did the deceiving is trying to seek a divorce under the claim of an invalid marriage, the judge may invoke the legal principle of "estoppel" to prevent them from benefiting from property division and/or support. That having been said, if the deceived spouse discovered the fraud but continued to live as a legally married couple for several years after, the courts may set aside the request for an annulment and treat the marriage as valid. The parties would then have to pursue a divorce.


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