Am i legally married if my husbands name is spelled wrong?

Asked about 1 year ago - Seattle, WA

I recently found out that my husband used a fake id when we got married and his last name is spelled wrong. His last name is Venegas but on our marrage license its spelled Benegas, are we even married?

Attorney answers (2)

  1. Thuong-Tri Nguyen

    Contributor Level 20

    Answered . You married a person, not a name. So, that the name is misspelled would not make the marriage invalid.

    Fraud in regard to a marriage usually involves something about a person's ability to have children or to engage in sex.

    If not being truthful about anything is a basis to invalidate a marriage, many marriages would be invalid. Many persons likely do not tell their spouses about all the bad things the persons may have done in the past.

    You should review the specific facts with your attorney to see whether your marriage is invalid. However, given that WA has a no-fault dissolution, if you want to end your marriage, dissolving the marriage likely is the simpler method.

  2. Alan Scott Funk

    Contributor Level 10

    Answered . A marriage is voidable under RCW 26.04.130 Voidable marriages. "When either party to a marriage shall be incapable of consenting thereto, for want of legal age or a sufficient understanding, or when the consent of either party shall be obtained by force or fraud, such marriage is voidable, but only at the suit of the party laboring under the disability, or upon whom the force or fraud is imposed."

    If you are competent to be married, intended to be married and believed you were married, the court will likely find the marriage is valid.

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