Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
My daughter married a man approximately 2-1/2 years ago. When he filled out the marriage license, he used an alias name (which happened to be his deceased cousin). He also used his Aunt and Uncle’s names as his parents and used his cousin’s birth date instead of his. At the time, my daughter did not know all the information he filled out was not his real information. They were married in Washington State. Is this marriage legal? He is abusive and she has left him, but we would like to know if she really needs to go through divorce proceedings under these false circumstances. Can you help answer this?
Most states require specific legal grounds for individuals to file for divorce under. Common legal grounds consists of irreconcilable differences, incurable insanity, or nullity of voidable marriage based on fraud. Depending on Washington State law, your daughter may be able to file for divorce under something similar to the nullity of voidable marriage based on fraud.
Since your daughter’s “husband” used fictitious information to secure the marriage license, she will have a strong case to file for divorce based on his fraudulent acts. You should contact a matrimonial attorney in Washington to discuss the various legal grounds for divorce. Your daughter will be deemed married until she files and completes a divorce action in Washington.
