Tag Archives: annulment

Annulment 101

§ 93-7-3. Causes for annulment of marriages.

Annulment is having your marriage legally revoked.

A marriage may be annulled for any one (1) of the following causes existing at the time of the marriage ceremony:

(a) Incurable impotency.

(b) Adjudicated mental illness or incompetence of either or both parties. Action of a spouse who has been adjudicated mentally ill or incompetent may be brought by guardian, or in the absence of a guardian, by next friend, provided that the suit is brought within six (6) months after marriage.

(c) Failure to comply with the provisions of Sections 93-1-5 through 93-1-9 when any marriage affected by that failure has not been followed by cohabitation.

Or, in the absence of ratification:

(d) When either of the parties to a marriage is incapable, from want of age or understanding, of consenting to any marriage, or is incapable from physical causes of entering into the marriage state, or where the consent of either party has been obtained by force or fraud, the marriage shall be void from the time its nullity is declared by a court of competent jurisdiction.

(e) Pregnancy of the wife by another person, if the husband did not know of the pregnancy.
 
Suits for annulment under paragraphs (d) and (e) shall be brought within six (6) months after the ground for annulment is or should be discovered, and not thereafter.
 
The causes for annulment of marriage set forth in this section are intended to be new remedies and shall in no way affect the causes for divorce declared elsewhere to be the law of the State of Mississippi as they presently exist or as they may from time to time be amended. § 93-7-3.

Matthew Thompson is a Divorce and Annulment lawyer in Mississippi.

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Getting UnMarried Without a Divorce (Death is NOT the Only Way Out)

There are ways to end a “Marriage” other than divorce, and no, I am not talking about death…

http://eofdreams.com/ death.html

I have previously blogged on Annulment and the very limited circumstances that one may be requested.  However, I recently had another Annulment scenario arise that is worth mentioning.

Mississippi has specific licensing requirements to get married.  You have to have a licensed issued, you have to have a ceremony and cohabit.  The license is issued by the Clerk, the Ceremony is the thing you have at the beach, or the church, or the Court House and Cohabiting is living together.

But, what happens when there is a failure of one of the (3) requirements?

Typographical errors in the license do not invalidate a marriage when the marriage is consummated and you are living together.  Failure to comply with licensure requirements and NOT living together does not a marriage make. This situation would result in an Annulment.

But, what if there was no ceremony? 

Failure to have a Ceremony is fatal.  It does not matter if the license was issued. It doe not matter if you shacked up.  If you did NOT have a ceremony; at the beach, church, Court House, or backyard, if you did not jump the broomstick, you are not married.  A Ceremony, of some type, is required.

So, want your marriage to Count- get a license, have a ceremony and live as husband and wife.

Matthew Thompson is a Divorce/Annulment Lawyer in Mississippi and reminds you to act fast if you are seeking an Annulment.

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@bowtielawyer.ms.

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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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