If my husband was married under a fake name is that marriage valid?

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If my husband was married under a fake name is that marriage valid?

He married his children’s mother but never divorced then married me. Is our marriage valid?

Asked on August 14, 2017 under Family Law, California

Answers:

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

Answered 4 years ago | Contributor

First of all, 
First of all, you marry a person, not a name. Therefore, in the event somone marries you under a false name the marriage is valid unless the use of an alias concealed facts that if known would otherwise render the marriage invalid (e.g. fraud was involved, etc.). Accordingly, you husband's first marriage was legal. That being the case, your marriage is not. Since your "husband" was legally wed to another woman at the time that you married, then in the eyes of the law your union is null and void in the eyes of the law. if you want to re-marry you can do so at such time as your husband is divorced from his wife.
 
If you or your spouse used an alias when you married, you can have the marriage certificate corrected to show the correct name. Every state has provisions to amend incorrect or incomplete information on the certificate. Someone in your county records department can tell you how.


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