Q: If someone gives false info on a marriage license, is the marriage invalidated? Virginia.
A:
Virginia is not a common-law marriage state and requires that the parties to a marriage in Virginia must first obtain a license from the state. Virginia Code Section 20-31 corrects defects in marriage licenses if the marriage is otherwise lawful and is consummated by the parties with the belief it is valid.
There are certain types of false information, however, which may make a marriage void or voidable. The problem is not with the false information, per se, but with the actual validity of the marriage based on the true facts. For instance, if a party is married and not divorced, or is a minor, and that information is misrepresented in order to get a license, then the subsequent marriage itself may not be valid.
Virginia has a procedure to affirm a marriage, if either party has any doubts about its validity. Any person with questions about the validity of a Virginia marriage, or any Virginia resident with questions about the validity of a foreign marriage, should consult with an experienced Virginia family law lawyer.
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