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Annulments in Mississippi
In Mississippi, courts grant annulments in limited situations.
Mississippi Annotated Code Title 93, Chapters 1 and 7, describe the law governing annulment of marriage. General provisions for annulments of marriages in Mississippi are located in Section 93-7-3.
When a marriage is annulled, it never existed; the couple was never married. Children of an annulled marriage are still legitimate children, however the children of an incestuous marriage are not. When children are legitimate, the partners may seek court orders on child custody, visitation and child support, and the court may divide marital property and award monetary support, which is similar to alimony.
If partners do not live together after they are married, either spouse may seek an annulment; however, if the partners live together - and consummates the marriage - they may not annul the marriage.
Generally, the grounds for annulment in Mississippi are:
A case for annulment should be filed in the chancery court of the county where either the plaintiff or defendant lives, or the county where the marriage license was issued.
The petitioner completes several forms depending on the grounds and files a complaint under 93-7-9 Mississippi Annotated Code.
The petitioner files the forms with the clerk and pays the appropriate fees. Additional forms and fees are required to establish temporary orders for child support and spousal support.
The annulment paperwork is served on the respondent. The court can send the paperwork to the second party, or it can be mailed, or conveyed by an outside party. A hearing is held. All annulments must have supporting elements hold up in court.
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