Legal Question in Family Law in Michigan

Misrepresentation

After my husband and I were married, I found out hat he had been married before. He never told me this and he also lied under oath when we applied for our marriage certificate, telling them that he had never been married before. We have been married now for almost ten years and I was wondering if our marriage was legal. We are separated and are heading for divorce. I was curious if this little matter could affect the outcome?


Asked on 8/20/03, 1:36 pm

2 Answers from Attorneys

William Stern William Stern, P.C.

Re: Misrepresentation

It can only be good for you. However, it does not effect the validity of the marriage. Bill Stern 248-353-9400

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Answered on 8/20/03, 3:40 pm
Regina Mullen Legal Data Services, PLC

Re: Misrepresentation

Isn't marital deception lovely?!

Well, provided he wasn't married when he married you, the lie on the certificate would not necessarily void your marriage. It's a tricky way to go,--you were married a long time and you certainly wouldn't want to start with the idea of an annulment at this late stage (even if the court would agree to it).

You could use the lie all sorts of ways if you had to prove fault. Although most states are strictly no fault, fault can be accounted for in the actual settlement of marital property.

Get a good lawyer in your area, and walk through the options.

Make SURE you do a thorough background check, and do not simply take his answers to discovery requests at face value. I highly suspect you might find a lot more than you know now, and didn't know when you said "I do." I just hope you're not dealing with a nutter.

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Answered on 8/20/03, 5:02 pm


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