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20 Aug 16

Can my marriage be annulled if he wasn’t using his real name?

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In New York, marriages can only be annulled under the following circumstances.

  • the marriage is incestuous. if the marriage fits this criteria, then it can be annulled.
  • the marriage is a bigamous marriage. this occurs when one, or both spouses, gets married while being legally married to another living person.
  • the marriage was performed by a person who lacked the legal authority to perform the marriage.

If he wasn’t using his real name, that cannot be grounds for an annulment, while it certainly could be a ground for divorce. When a marriage is voided, the marriage license is nullified – as if it were never granted. As a result, legally – there is no actual marriage. If you have children as a result of the void marriage, it might be important to get a formal declaration of nullity – in order to ensure your children get all the rights, and privileges, they are entitled to as a result of inheritance + child support.

If your spouse was a bigamist, that would render your marriage void. However, if you were married to the person for a while – that may still entitle you to alimony. Therefore, you will need a formal declaration of nullity by the court in order to get the alimony.

Bottom line though – simply lying about his/her name is not enough to get an annulment.

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