is my marriage license valid??

[uxornomore]

What is the name of your state (only U.S. law)? California

The ex inserted a space into his last name XX XXXX (birth name one word XXXXXX) to form two words on the marriage license, and on my child's birth cert. Also indicated that previous marriage terminated by death with a false date. I just found the ex with two of his kids with his birth one-word name.

Effectively, does altering his last name (and his father's last name/potentially also birthplace of father - this remains unconfirmed) and falsifying information on how previous marriage ended create:
a. grounds for fraud
b. an invalid marriage license?

I also found out he was using deceased father's SS# to evade out of state child support from supposedly dead ex... but when we married, he had conveniently lost his wallet and re-did all his documentation with said two word alias lastname. All legal paperwork has said inserted space.

Note, I already filed and served him. But have not completed proceedings yet. Also another ex has a child of his with said aliased name... what's legal/illegal here?

 

[Proserpina]

What is the name of your state (only U.S. law)? California

The ex inserted a space into his last name XX XXXX (birth name one word XXXXXX) to form two words on the marriage license, and on my child's birth cert. Also indicated that previous marriage terminated by death with a false date. I just found the ex with two of his kids with his birth one-word name.

Effectively, does altering his last name (and his father's last name/potentially also birthplace of father - this remains unconfirmed) and falsifying information on how previous marriage ended create:
a. grounds for fraud
b. an invalid marriage license?

I also found out he was using deceased father's SS# to evade out of state child support from supposedly dead ex... but when we married, he had conveniently lost his wallet and re-did all his documentation with said two word alias lastname. All legal paperwork has said inserted space.

Note, I already filed and served him. But have not completed proceedings yet. Also another ex has a child of his with said aliased name... what's legal/illegal here?

Nope, you're still legally married. Going from De Brus to DeBrus for example, is not a big issue.

 

[Proserpina]

(Afterthought)

This does of course assume that his ex was actually dead - and that he didn't lie about that completely.

 

[uxornomore]

(Afterthought)

This does of course assume that his ex was actually dead - and that he didn't lie about that completely.

He lied about the dead ex completely. He said marriage terminated by death in 1997, but really he'd left the state, and her divorce didn't finalize till 2006. The year he met me. She's alive and well with 2 of his kids.

 

[sandyclaus]

He lied about the dead ex completely. He said marriage terminated by death in 1997, but really he'd left the state, and her divorce didn't finalize till 2006. The year he met me. She's alive and well with 2 of his kids.

If the ex was still alive, and they were still legally married when the two of you got married, your marriage would be invalid.

If, however, the ex was still alive, but their divorce was actually finalized BEFORE the date that the two of you married, then your marriage would be valid.

 

[uxornomore]

ah got it. Gotta just complete the divorce then. By a few months and posted criteria, I'm legally married.

Seems kinda weird how lying just enough about different things still doesn't invalidate a vital record... But unethical is not = to illegal...

 

[Proserpina]

Relevant statutes:

http://codes.lp.findlaw.com/cacode/FAM/1/d6/2/1/s2200

(And then hit "next")

 

[Proserpina]

ah got it. Gotta just complete the divorce then. By a few months and posted criteria, I'm legally married.

Seems kinda weird how lying just enough about different things still doesn't invalidate a vital record... But unethical is not = to illegal...

Yeap, exactly.

I know it sucks - but, it is what it is.

 

[uxornomore]

Do I have grounds for fraud?

 

[Proserpina]

Do I have grounds for fraud?

No - again, these are relatively minor things. You're still going to have to go through the divorce process.