The Difference Between a Divorce and an Annulment in Mississippi

The legal termination of a marital union may occur by divorce or annulment. However, divorce actions are more common in Mississippi than annulments because specific legal reasons may be stated and evidenced before any Chancery Court can issue an annulment decree. Meanwhile, Mississippi accepts no-fault divorce grounds, i.e., the court can grant a divorce without the need for a reason or proof other than that two people can no longer remain in their marriage. 

What is a Mississippi Divorce Decree?

When a divorce is finalized in Mississippi, the court issues a judicial decree dissolving an individual’s marriage (Miss. Code Ann. § 93–5–25). This court document is referred to as a Final Judgment of Divorce, or less formally: a divorce decree. It establishes the termination of a person’s marriage and court orders on matters such as property distribution, debt division, alimony, child support, child care/custody, and visitation rights. According to Miss. Code Ann. § 93–5–31, this decree may be rescinded by the court where it was issued when the parties involved jointly request and show proof of their reconciliation.

Family court documents generally encompass both marriage and divorce records. Both types of records contain information that is considered very personal to the parties involved, and it is recommended that those parties maintain these records with care to make future changes. The personal nature of these records results in both being considerably more difficult to find and obtain when compared to other types of public records. In many cases, these records are unavailable through government sources or third-party public record websites.

What is an Annulment in Mississippi?

In Mississippi, a civil annulment is a judicial declaration that one’s marriage has been nullified or voided, as if the ceremony never occurred. In the state, the legal process for annulment is regulated by Miss. Code Ann. §§ 93–7–1 et seq. It is worth noting that this kind of annulment differs from religious annulment, which the Catholic Church typically grants. Also, legally, religious annulments are not recognized by state laws. This means that although a couple may be granted a religious annulment, it may be necessary to obtain a decree in court for the change in marital status to be acknowledged by the state.

Typically, records of civil annulment proceedings are not available to the public in Mississippi, as their availability may negate the reason for annulment in the first place.

Annulment vs Divorce in Mississippi

Upon issuance of an annulment decree by a Mississippi Chancery Court, a marital union between two persons is declared to be null and void under the law, and such persons are returned to their unmarried status. This ramification is one of the major differences between an annulment and a divorce. Others include the statutory reasons (grounds) upon which a petition can be based; limits within which petitions can be filed or heard; alimony; and marital debt/property division.

Statutory grounds and limits

The legal grounds for annulment proceedings are described under Miss. Code Ann. §§ 93–7–1 and 93–7–3:

• Incestuous marriages between two persons who are related within degrees prohibited by law, such as parents/children and uncles/nieces
• Bigamous marriages: when one spouse was already married at the time a marital union was entered into
• Incurable impotence
• Marriages where one spouse has been adjudicated mentally incapable or ill by a court
• Marriages entered into by persons incapable of consenting either because of age or physical causes
• Marriages where consent was obtained by fraud or force
• Marriages where the wife was impregnated by someone else who was no the husband, without the husband’s knowledge

Annulment petitions based on grounds 5, 6, and 7 must be brought within 6 months of the discovery of such grounds. Otherwise, filing for annulment under those facts in the State may be impossible. In contrast, divorce suits do not have such statutory limits.

Divorce suits can be filed upon fault and no-fault grounds in Mississippi. The 12 fault-based grounds are established in Miss. Code Ann. § 93–5; they typically include habitual drunkenness, intentional desertion, natural impotency, bigamy, mental illness, and adultery, among others. Whereas, the no-fault ground is irreconcilable differences (Miss. Code Ann. § 93–5–2), and it is used more frequently than other grounds. Persons who file on the ground of irreconcilable differences must wait 60 days, at least, for a decree to be issued. Other divorce and annulment grounds do not have such waiting periods. However, the time taken to finalize a divorce may be months or several years.

Alimony and Debt/Property Division

In annulment suits where there are minor children, the judge can decide child custody, child support, and visitation rights. Alimony and marital debt/property division matters are typically decided in divorce proceedings. However, the court may order temporary support, a less permanent form of alimony.

Is an Annulment Cheaper Than Divorce In Mississippi?

Generally, the cost of a divorce or annulment case depends on the time needed to establish legal grounds, settle all marital issues, and finalize the case. Contested cases tend to be more expensive than cases where both parties agree on the matters of their divorce (support, custody, debts, etc.) because of the complexity in resolving these issues. Also, legal fees/costs required to investigate and prove claims or grounds have an impact on the amount spent in litigation. As a result, litigation costs are case-specific and will vary according to the factors of the case.

What is an Uncontested Divorce in Mississippi?

In Mississippi, when spouses are on the same page regarding matters of their divorce, it is referred to as an uncontested divorce. These matters include property distribution, alimony, child custody, visitation, child support, and debt allocation. To begin uncontested divorce proceedings, spouses should have a written agreement on such matters, which will be presented to a judge. This kind of divorce is also known as an “irreconcilable differences divorce case”.

Where To Get An Uncontested Divorce Form in Mississippi

Uncontested divorce forms in Mississippi can be obtained from the local Clerk of Court offices. Interested persons may find resources for obtaining forms and filing guides through the Mississippi Judiciary’s Civil Legal Assistance page. In uncontested cases, spouses will be required to file the following forms:

• Joint Complaint for Divorce (signed by both spouses in front of a notary public)
• Civil Cover Sheet
• Property Settlement Agreement
• Judgment of Divorce
• Affidavit of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (for plaintiffs with minor children)

Individuals can inspect and copy uncontested divorce records from the courthouse under the Mississippi Public Records Law and Miss Code Ann. § 9–1–38, Additionally, the Mississippi State Department of Health (MSDH) accepts five-year record search requests. The MSDH maintains records from January 1, 1926, to June 30, 1938, and January 1, 1942, to date. Records that have been sealed or are confidential under Miss. Code Ann. § 25–61–11.1 are not publicly accessible.

Records that are considered public may be accessible from some third-party websites. Aggregate sites are generally a convenient alternative for inquirers searching for multiple records across several US districts. To search these databases, however, users are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused

Third-party sites are operated independently of government sources. Consequently, the validity and accuracy of the information provided by these sites may not be guaranteed.

How Do I Get a Copy of My Divorce Decree in Mississippi?

The Clerk of Chancery Court issues divorce decrees in Mississippi at the county level. An individual who wants a copy of a divorce decree may request it in person at the Clerk of Court’s office in the county where the decree was issued for a fee. The Mississippi Judiciary publishes an index of Chancery Court Clerks on its website. The phone/fax numbers and location of Clerk offices can be obtained from this list.

Divorce and marriage records may be available through government sources and organizations, though their availability cannot be guaranteed. This is also true of their availability through third-party websites and companies, as these organizations are not government-sponsored, and record availability may vary further. Finally, marriage and divorce records are considered extremely private due to the information they contain and are often sealed. Consequently, record availability for these types of records cannot be guaranteed.

How Do I Get a Mississippi Divorce Decree Online?

The Mississippi Chancery Clerks of Court do not typically maintain or disseminate divorce decrees through remote public access portals, whether at the state or county level. Divorce decree requests must be made at the courthouses. To identify a record, requesters may be asked to provide the exact names of the parties involved, the case number, and the filing date/year.