Understanding Mississippi Annulments

Annulment is one of those legal terms which you may have heard but never really understood. After all, you may not know anyone whose marriage ended in an annulment, because most marriages do not fit the criteria for an annulment. It is far more common for marriages to end in divorce than in annulment, but it is still useful for people to understand what annulment is, just in case their marriage would qualify for it.

In Mississippi, annulment is available in eight different types of marriages. One is where one of the parties suffers from incurable impotence. Another is where the marriage is bigamous, that is, where one spouse was married to someone else at the time of their wedding to the spouse who is seeking annulment. A third situation in which annulment is available in Mississippi occurs when a husband is unaware that his wife is pregnant with someone else’s child at the time of the marriage.

 If one or both parties have been adjudicated as suffering from a mental illness, their marriage is eligible for annulment. The Mississippi Code specifies that individuals who share a certain degree of kinship may not marry. Specifically, according to §93-1-1, “The son shall not marry his grandmother, his mother, or his stepmother; the brother his sister; the father his daughter, or his legally adopted daughter, or his grand-daughter; the son shall not marry the daughter of his father begotten of his stepmother, or his aunt, being his father’s or mother’s sister, nor shall the children of brother or sister, or brothers and sisters intermarry being first cousins by blood. The father shall not marry his son’s widow; a man shall not marry his wife’s daughter, or his wife’s daughter’s daughter, or his wife’s son’s daughter, or the daughter of his brother or sister; and the like prohibition shall extend to females in the same degrees.” If such an incestuous marriage occurs, it is void and qualifies for annulment. Also, if one of the parties lacked the ability to consent to a marriage due to force or fraud being exerted upon them, their marriage is eligible for annulment.

If the parties have not co-habitated and they have not fulfilled the marriage licensure requirements, then their marriage may be annulled. Parties who did not understand that they were getting married, or who were under twenty one years of age, may also qualify for annulment. It is important that parties who believe that they may be eligible for annulment seek it immediately, as there is a six month window of opportunity after the date of marriage which applies to some of the grounds for annulment.

When a marriage ends in annulment, it is as if it never existed, as if the parties were never married. This means that the parties are unable to seek alimony, property distribution, or other remedies that are available to divorcing parties, which can make annulment an attractive choice from a financial perspective. If you believe that your Mississippi marriage should be annulled, it is important that you speak to a Mississippi Family Law Attorney right away. Your attorney can help you to understand the annulment process and pursue the result that you desire. Mississippi Family Law Attorney Matthew S. Poole is a knowledgeable and experienced attorney who is known for achieving favorable results for his clients. To find out how Matthew can help you, call our office today, at (601) 573-7429 to schedule a free consultation.

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Understanding Mississippi Annulments
Mississippi Family Law Attorney discusses Mississippi annulments.