Isa marriage void if one of the parties lied on the marriage application?
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Isa marriage void if one of the parties lied on the marriage application?
My husband lied on our marriage application. It asked if he was behind on child support. He signed the paper stating that he wasn’t when he was, and still is. Does this lie entering into a contract make the contract void? We were married in TX almost a year ago.
Asked on December 26, 2010 under Family Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No, this probably is not enough to void a marriage. Voiding a marriage usually goes to a fundamental issue at the very heart of a marriage and the decision to marry in the first place: e.g. a party lied about wanting children; a party has a severe mental illness; a party is married to someone else at the time; etc. An issue going to finances would not usually void a marraige, though if you chose to divorce him, it is a factor that would be taken into account when determining division of assets and/or establishing any support you were owed. You should speak with a family law or matrimonial attorney to see what rights you may have and also to see how to best protect your assets from his creditors and his child support obligations. Good luck.
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