Legal Question in Family Law in Washington
My best friend was in prison, under an alias. When he got out, he married someone using that alias. The marriage license says the alias name, but his drivers license, birth certificate, etc all say his legal birth name. Is the marriage legal? He left her, and wants a divorce, was there really a marriage legally since he did not use his correct name? She knew he was using the alias as that is all the ID he had when in prison as well, so she was not duped by any means., but they want out of this....
2 Answers from Attorneys
The general presumption is that they are married. If anybody could assert the fraud it is not him,but his spouse, i.e. he can't profit from his own misrepresentation.
If the wife knew what his real name was all along, then there is no fraud as to her, and I agree with the above explanation that the husband cannot claim fraud either. Bottom line: they are probably considered married and will probably have to go through the divorce process like most other folks to end their marriage.
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