Annulment of Marriage in Mississippi: Understanding the Process and Grounds
Marriage is considered to be a sacred union between two individuals, be it religious or civil. It’s a promise to be with each other, for better or for worse, for richer or for poorer, in sickness and health, until death do them apart. While most marriages last a lifetime, there are some that come to an end due to various reasons such as incompatibility, infidelity, or irreconcilable differences. In such situations, divorce is often the only available option. However, there is another legal step that some couples choose to take – an annulment of marriage. This article will delve deeper into the annulment of marriage in Mississippi.
What is an Annulment of Marriage?
An annulment of marriage is a legal process that declares a marriage null and void, as if it never existed. It is different from divorce, which ends a valid marriage, as it recognizes that the marriage was never valid in the first place. Simply put, an annulment of marriage wipes the slate clean, erases the marriage as if it never happened, and provides the parties with the legal status they had before the marriage.
Grounds for Annulment in Mississippi
An annulment of marriage in Mississippi is not an easy process. The grounds for annulment are limited and strict, and the burden of proof lies with the party requesting it. Mississippi Code Annotated section 93-5-11 outlines the grounds for annulment as follows:
1. Marriage Between Close Relatives: A marriage between individuals who are closely related to each other is void and may be annulled.
2. Lack of Capacity to Consent to Marriage: If either party was under the influence of drugs or alcohol, mentally incapacitated, or mentally defective at the time of the marriage ceremony, it can be annulled.
3. Lack of Physical Capacity to Consummate Marriage: If either party is physically unable to consummate the marriage, and the other party has no knowledge of this prior to the marriage ceremony, it can be annulled.
4. Fraud: If one party has induced the other party into the marriage based on fraudulent misrepresentation regarding a material fact such as pregnancy or a criminal record, it can be annulled.
5. Duress: If one party was coerced into the marriage through force, threat, or intimidation, it can be annulled.
6. Bigamy: If one party was already married while marrying another person, the marriage is voidable, and it can be annulled.
7. Age: If either party is under the age of eighteen and marries without parental consent, the marriage can be annulled.
It’s essential to note that the party requesting annulment needs to prove that the marriage is void or voidable based on one of the above grounds.
Eligibility for Annulment of Marriage
In Mississippi, both parties to the marriage are eligible to petition for an annulment. A parent or guardian can also file on behalf of a party under the age of eighteen who married without proper consent. There is no requirement for residency to qualify for an annulment.
Filing for Annulment in Mississippi
To file for an annulment of marriage in Mississippi, either party or their attorney can file a complaint in the chancery court district where either spouse resides. The party seeking the annulment must provide evidence to support the grounds for the annulment.
Annulment of Marriage versus Divorce in Mississippi
An annulment of marriage in Mississippi is not the same as a divorce. While a divorce ends a valid marriage, an annulment declares that the marriage was never valid in the eyes of the law. In Mississippi, divorcing spouses have grounds of irreconcilable differences, which is not an option in annulment proceedings. Divorce proceedings entail the division of property and other assets acquired over the course of the marriage.
Effects of Annulment of Marriage
An annulment of marriage in Mississippi means the marriage never legally took place, except in specific circumstances, such as the couple started living together as spouses after the marriage ceremony and before seeking an annulment. Children who were born out of the marriage are still considered legitimate unless proof is provided that the child was born of someone other than the named parties. Assets accumulated through the marital union are divided in an equitable fashion. Spousal support, child custody, and visitation arrangements can be decided through separate court proceedings.
Annulment of Marriage and Prenuptial Agreements
Prenuptial agreements are common among couples who aim to secure their individual assets and interests. The terms of a prenuptial agreement can solidify the distribution of assets in the event of a divorce. However, prenuptial agreements do not address the grounds for annulment of marriage. Specifically, the courts will look at whether any of the grounds for annulment were present despite the existence of the prenuptial agreement.
Conclusion
Annulment of marriage in Mississippi is a complex process that requires evidence and proof of one of the specific grounds for annulment as declared in the state statute. Some clients may confuse an annulment with a divorce, which could cause complications or result in an agreement that isn’t legally binding. Mississippi law allows eligible parties to file a petition for an annulment of marriage, but the burden of proof is on the petitioner. In cases where an annulment is granted, the court will divide assets equitably, decide on custody and visitation, and address any other essential legal issues necessary to provide both parties with the necessary legal status they had before the relationship.
Laws and Procedures Annulment of Marriage in MS
Annulments of Marriages in Mississippi
Most laws for an annulment of marriage in Mississippi are located in Chapters 1 and Chapter 7 of Title 93 of the state’s annotated code. This article will reference both chapters as both are important to grounds for an annulment of marriage in Mississippi.
Specific Laws about Annulments of Marriages in Mississippi
General provisions for annulments of marriages in Mississippi are located in Section 93-7-3 Causes for annulment of marriages. Generally, an annulment of marriage in Mississippi may occur in the following situations:
1. incurable impotency
2. adjudicated mental illness or incompetence of either or both parties (a guardian or friend may file suit for annulment of marriage in MS within six months after marriage in such a case)
3. when either party is incapable of consenting to any marriage because of incapacity or age
4. the marriage was formed with force or fraud
5. pregnancy of the wife by another person if the husband did not know of the pregnancy
Marriages are void between the same gender, and an annulment of marriage in Mississippi may occur if the two parties were 17 years of younger without approval from a parent according to laws under section 93-1-5. Annulments of marriages in Mississippi may also occur because of the conditions under section 93-1-1 provided below:
• a son cannot marry his grandmother, mother, stepmother, his legally adopted daughter, or his granddaughter, as well as a first cousin by blood
• a father cannot marry his son’s widow, his wife’s daughter, his granddaughter, his daughter-in-law, or his niece (all of these conditions apply for females in the same degrees)
Steps for Annulments of Marriages in Mississippi
An annulment of marriage in Mississippi requires the following steps:
1. Fill out court forms: you’ll have to fill out several different forms depending on the grounds of your annulment of marriage in Mississippi, and you’ll have to file a complaint with the county court according to section 93-7-9. You’ll have to contact your local county court in order to find information on what forms you’ll need to file a complaint under 93-7-9 for an annulment of marriage in MS.
2. File the forms with the clerk: you will have to pay filing fees for every form you submit for the annulment of marriage in MS. You will also have to fill out even more forms if you want to establish temporary orders for child support, spousal support, or other issues within an annulment of marriage in Mississippi.
3. Serve the forms to the other party: you can have the court send the documents to the second party for an annulment of marriage in MS. You can also mail the forms yourself, or you can have an outside party hand over the forms for an annulment of marriage in MS.
4. Set up a court hearing: all annulments of marriages in Mississippi must have supporting factors hold up in court, and you should hire a lawyer to help you prepare for the trial. If either party misrepresented their age, a court may not always grant annulments of marriages in Mississippi in some cases.
