Are You Legally Married If You Married Someone Under a Fake Name?

by | Jun 26, 2019 | Ask the Lawyer | 0 comments

Question asked on April 6th, 2018

Q: When she files for a divorce it would have to be with the name on the marriage certificate and that person does not exist. The question is was it a legal marriage in the first place. You can’t divorce someone that is a fake name. The hard part is that it is in the Philippines and she is applying for an annulment which takes forever.

A: Short answer, yes (probably).  I was hired as an expert a few years ago to review exactly such a situation, and in Nevada simple error (or falsification) of data on the marriage license application may be a misdemeanor, but does not invalidate the resulting marriage.  of course, there could be other defects — if “John” falsified his name because he was already married to someone else, under any name, that would be a different matter.  It is uncertain what the facts are, and even whether the marriage was in Nevada (if not, the laws of the place of marriage would be the applicable ones to research).  If the marriage was here, an annulment could be sought here even if no party is a resident, as explained here.  Annulments in this state require a legal process, but do not “take forever.”

Frequently Asked Questions

If someone gets married using a non-legal name, are they legally married?
Probably yes. In Nevada, an error or even a deliberate falsification of information on the marriage license application may be a misdemeanor, but it does not by itself invalidate the resulting marriage. That means a spouse who married under a fake name generally still needs a divorce or annulment to end the marriage. If the wedding took place outside Nevada, the law of the place where the marriage was performed would govern the question instead.
What if my spouse used a fake name because he was already married to someone else?
That changes the analysis. A false name on the license does not void a marriage, but if the reason for the false name was to hide an existing marriage to someone else, under any name, the bigamy itself is a separate defect that can make the later marriage void in Nevada (NRS 125.290). The facts need to be investigated before deciding whether to pursue a divorce, an annulment or a declaration that the marriage was void from the start.
Can I get a Nevada annulment if I was married in Las Vegas but no longer live in Nevada?
Yes. If the marriage was performed in Nevada, an annulment can be sought in a Nevada court even if neither spouse is a Nevada resident (NRS 125.360). Annulments in this state require a legal process with proper grounds and proof, but they do not take forever the way some foreign annulment proceedings can. Willick Law Group can review your situation in a consultation.
Marshal S. Willick
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