Kim Davis has been all over the news with her refusal to issue marriage licenses and new allegations of altering marriage licenses to prevent persons from marrying legally. However, Mississippi has some surprising laws that legally provide for a ban on marriage. A Mississippi Judge can bar you from getting married again!
MCA, Section 93-5-25 includes language to the effect that if the Court awarded a divorce against a party for adultery the Court may bar the guilty party from getting married again. This bar would require the guilty party to petition the Court to remove the restriction after a year from same being imposed.
MCA 93-5-25 holds, in part, “And the judgment may provide, in the discretion of the court, that a party against whom a divorce is granted, because of adultery, shall not be at liberty to marry again; in which case such party shall remain in law as a married person. Provided, however, that after one (1) year, the court may remove the disability and permit the person to marry again, on petition and satisfactory evidence of reformation, or for good cause shown, on the part of the party so barred from remarriage; but the actions of the court under the foregoing proviso shall not be construed as affecting any judgment of divorce granted in any case where the discretion of the chancellor has been exercised in barring one (1) party from remarriage on account of adultery.”
Matthew Thompson is a family law attorney and recommends that you not do things that will get you barred from remarrying.
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