John wrote:
All:
If a spouse purposely gave false information on a marriage
application is
that sufficient circumstance to have a marriage annulled? For
example, if
my spouse provided an inaccurate birth date for herself and
birthplace for
both parents.
The marriage took place in Las Vegas, Nevada.
If the inaccuracy went to something material, such as age of consent,
and the statute of limitations for annulling a voidable marriage has
not run, maybe.
If the inaccuracies were immaterial, then no. In general, when there's
been an immaterial mistake or a clerical problem with the paperwork,
the court will look to all the evidence to determine whether the
parties ratified the marriage. If they've lived together and held
themselves out to be married for some time, then a defect in the
paperwork won't justify a court undoing the marriage, "Mr. and Mrs.
Smith" notwithstanding.
The second part of this question is as follows -
I have been divorced for a few years (married for two) and was also
wondering if a marriage can be annulled after a divorce has occurred.
There might be tax reasons for wishing to do so. But the conditions
under which you can get an annulment are generally more restrictive:
they amount to the marriage being void, voidable, or a sham or a
nonentity. Unless there is something like incest or bigamy to void the
marriage, or fraud or an age-of-consent issue to make it voidable, a
two-year marriage has lasted quite long enough that the parties have
ratified it.
If it really matters to you, see the lawyer who handled your divorce.
--
Not a lawyer,
Chris Green
