Annulling your Marriage

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.

 Annulment results in you being able to claim, truthfully, that you were never legally married.  It erases the marriage.

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.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.

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MS Gun Law Update

I previously blogged on Mississippi gun law basics.  Since that blog the Mississippi legislature passed two bills which tweaked one aspect of the prior blog and also added additional safeguards to persons possessing a concealed carry permit. (An additional “update” here on Open Carry in MS)

Suat Eman/free digitalphotos.net

First the tweak.  Prior to the change, a concealed weapon had to be “completely concealed” at all times in order to be legal.  Having your firearm in a holster on your hip covered by a jacket was fine, but if you reached, stretched or adjusted and it became visible it was no longer “concealed,” and therefore a violation of the law.  The law now provides that incidental “unconcealment” is not a violation.  This is just a common sense change in the law.

Now the safeguard.  Mississippi, along with 32 other states, now prohibits the release of the names of persons with a concealed carry permit.  This is a safety issue as a New York newspaper recently published the names and addresses of all persons in Westchester County that had a concealed carry permit issued to them by the state of New York.  After the article was published a home was specifically targeted for robbery due to the fact that the burglars suspected they could steal guns.  Now whether a person has a concealed carry permit is protected not subject to disclosure pursuant to Freedom of Information Act requests.  Though the information regarding concealed carry is still available to law enforcement and via valid subpoena.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.

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Churchill Wisdom; On Marriage

“My most brilliant achievement was my ability to be able to persuade my wife to marry me.”

-Winston Churchill

 

You never marry the right person.” (clickable)

-Timothy Keller

Matthew is a Family Law attorney and more often than not agrees with Churchill and Keller.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.

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Divorce, Child Custody & Child Support, Alimony, Contempt, Modification, Youth Court, TPR/ Adoption and Appeals.

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