Mississippi Info

Mississippi Divorce Start Your Divorce Find Professionals Mississippi Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Mississippi Products Divorce by County

Mississippi Articles

Agreements Attorney Relationship Custody & Visitation Child Support Divorce/General Domestic Abuse Financial Planning Parenting Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Sign In

Network Sites

Mississippi Divorce Support Mississippi Divorce Online

Mississippi Annulments
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:

  • Incest: between parent and child, including step relations and adopted children; grandparent and grandchild, including step relations; siblings, including step relations; first cousins; aunt and nephew; uncle and niece; and, parent and child's widow. An incestuous marriage is void, and any children of these marriages are illegitimate.
  • Bigamy: when one spouse is married to another living person at the time of the second or subsequent marriage. A bigamous marriage is void; however, children of the bigamous marriage will still be considered legitimate.
  • Impotence that existed at the time of the marriage: The action must be brought within six months after the impotence is discovered; otherwise, the marriage may not be annulled.
  • Age: Parental consent is required for females between ages 12-15, and for males between ages 14-17. Parental notice is required for females between ages 15-21, and for males between ages 17-21. If these rules are violated, but the marriage is followed by cohabitation, the marriage becomes valid.
  • Incompetence: if a court finds one or both spouses were mentally ill or mentally incompetent at the time of the marriage. A case based on incompetence must be brought within six months after the marriage and may be brought by the incompetent person, a next of kin or friend.
  • Force or Fraud: when consent to marry is obtained by force or fraud. For example, when the wife is pregnant by a man other than the husband at the time of the marriage, or when the husband didn't know of pregnancy or was told the baby was his, the marriage may be annulled. Annulments based on situations of fraud, or based on a claim of force, must be brought within six months of knowledge of the fraud or force, or else the marriage will become valid.


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.

Start Mississippi Divorce Start Your Mississippi Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Mississippi Divorce Find Mississippi Divorce Professionals in Your Area:
Join the Network
Mississippi Divorce Products, Services and Solutions Mississippi Divorce Products, Services and Solutions
Mississippi Divorce Resources to Help You Through the Process.
Online Parenting Class Mississippi Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Mississippi Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
Divorce Lawyers & Mediators

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:


Start Your Divorce File for a Mississippi Divorce


Settle Your Divorce Negotiate Your Mississippi Divorce


Support Forum Mississippi Support Forum

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site