Annulment is the process of revoking your marriage. It is a legal mechanism that dissolves the marriage by legally undoing it, as if you were never married. Annulment differs from divorce.
Annulments are rare and only granted on a limited basis. Mississippi law provides for annulment via MCA 93-7-1, et seq. The statute allows for annulment in all instances of incest or bigamy with no time limitations for seeking the annulment. In fact, in these circumstances the marriage would be void. Also, incest and bigamy are grounds for divorce, so you could take your pick between seeking an annulment or divorce.
Annulment is allowed if one of the following was in existence at the time of the marriage ceremony;
- incest (raised at any time)
- bigamy (raised at any time)
- incurable impotency
- mental illness or incompetency (must be sought within 6 months of marriage)
- failure to comply with licensure requirements AND no cohabitation
- lack of understanding or want of age (not old enough to consent), or due to fraud or force (again w/i 6 months of marriage)
- pregnancy of wife by another and husband did not know (w/i 6 months of marriage)
These are the grounds for annulment and if you don’t fall into one of these categories annulment is not an option. I have had numerous calls of persons married for weeks, or months who want to seek an annulment because they made a mistake. Mistake is not a ground for annulment.
**It should be noted that a legal annulment differs from a religious annulment. You can have one without the other and they have no bearing on one another. So is an annulment right for you? You better act quickly and know that in most instances it is not.
Matthew Thompson is a Family Law attorney and can help you erase your marriage mistake.
You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.