Is my marriage to an illegal alien valid since he did not use his correct name?
Full Question:
In 2005, I married an illegal alien from Mexico. Shortly after we were married, I found out that he only married me so that he could become a citizen, which did not happen. We seperated less than a year after our wedding, and at that time he told me that the name he used on our marriage license, and the name that I had known him by, was not his actual name. I want to know if, since he did not have a social security number, and since the name on the marriage license is not an existing person, is this marriage valid, or legally binding?
10/05/2007 |
Category: Marriage |
State: South Carolina |
#9685
Answer:
Generally, contracts (including contracts for marriage) created under duress, undue influence, fraud, and misrepresentation are voidable by the injured party.
The applicable South Carolina statutes are as follows:
§ 20-1-510. Jurisdiction to determine validity of marriage.
The court of common pleas shall have authority to hear and determine
any issue affecting the validity of a contract of marriage.
§ 20-1-520. Affirmation of marriage if validity has been denied or
doubted.
When the validity of a marriage shall be denied or doubted by either of
the parties, the other may institute a suit for affirming the marriage
and, upon due proof of the validity thereof, it shall be decreed to be
valid and such decree shall be conclusive upon all persons concerned.
§ 20-1-530. Declaration of invalidity.
If any such contract has not been consummated by the cohabitation of
the parties thereto the court may declare such contract void for want of
consent of either of the contracting parties or for any other cause going
to show that, at the time the supposed contract was made, it was not a
contract.
§ 20-1-550. Service on defendant in action to annul marriage.
When a marriage has been contracted or solemnized in this State and an
action is brought under Sections 20-1-80, 20-1-510, and 20-1-530 seeking
to annul it, the plaintiff shall serve his complaint on the defendant by
publication as provided in Sections 15-9-710 and 15-9-740. The original
summons must be filed in the office of the clerk of court of the county
in which the action is pending.
Service by publication as provided in Sections 15-9-710 and 15-9-740
also is available to a plaintiff in an action for annulment whose
marriage was contracted or solemnized outside of this State when the
plaintiff was a resident of this State at the time of the marriage or has
been a resident of this State for at least one year prior to the
commencement of the action.