Understanding Marriage Annulment in Mississippi

Annulment refers to the legal process that nullifies marriages that are invalid under state laws. In the eyes of the law, annulled marriages never legally existed. Per Sections 93-1-5 and 93-1-7 of the Mississippi Code, a marriage qualifies for annulment if it is void from its onset or voidable under certain grounds. Under Mississippi law, a marriage is void if it involves bigamy, incest, or an underage spouse. In contrast, voidable marriages are unions that were initially legal, but become eligible for annulment under certain circumstances.

The purpose of marriage annulment in Mississippi is to protect individuals and uphold established laws. An annulment will invalidate a marriage and revert the spouses to single status.

Grounds for Annulment in Mississippi

Mississippi annuls void or voidable marriages. Title 93, Chapter 1 of the Mississippi Code (Domestic Relations) sets out marriages that are void by law, and the grounds for voidable marriages.

Under Mississippi law, a marriage is invalid from the beginning if it involves incest, bigamy, or if a spouse lacks the mental capacity to comprehend their actions at the time of the marriage. In addition, a legal marriage will become voidable under Mississippi laws if:

• The marriage was contracted under duress, coercion, or force
• The parties in the marriage were intoxicated or impaired by drugs at the time of the marriage
• A spouse in the marriage is incapable of consummating the union
• The marriage involves an underage spouse and lacks parental or legal consent.

Eligibility Requirements for an Annulment in Mississippi

Not everyone can file for a marriage annulment in the State of Mississippi. Eligibility for petitioning depends on the grounds for the annulment action. At the same time, the ability to petition lies with the parties to the marriage. Nonetheless, parents, guardians, or next friends can petition for annulment if a party to a marriage was mentally ill or incompetent to make decisions at the time of the marriage.

For a marriage to qualify for annulment in Mississippi, at least one of the spouses must reside in the state at the time of the petition. Additionally, the annulment action must take place at the Chancery Court of the county where either spouse resides or where the marriage took place.

Mississippi does not impose a mandatory time limit for the annulment of bigamous or incestuous marriages. However, a petitioner must file a petition for a voidable marriage within a reasonable time frame after discovering the defect. For instance, if a marriage involves fraud or misrepresentation, the injured party must seek annulment after learning the truth. Furthermore, the law requires the annulment petition for an underage marriage before the minor reaches the legal age; if both parties continue to live together until this time, the marriage may become ratified and is no longer voidable.

Mississippi Statutes recognize civil annulment and divorce as actions that can change legal marital status; religious annulments are separate and non-binding under the state's laws.

How to Get a Marriage Annulled in Mississippi

Marriage annulment in Mississippi serves a similar purpose as divorce: the termination of marriage. However, while divorce deals with the dissolution of legally valid marriages, an annulment ends a marriage that is invalid from the beginning or one that becomes voidable due to certain factors. The following steps outline the procedure for annulment actions in Mississippi:

• Determine eligibility and grounds for annulment. Mississippi permits annulment if a marriage involves incest, fraud, bigamy, duress, incapacity, or underage marriage. Additionally, at least one spouse must reside in Mississippi, or the marriage occurred in the state
• File a petition for annulment at the Chancery Court in the county where either spouse resides or where the marriage took place. The petition must include facts about the marriage, the specific grounds for annulment, and any related issues, such as custody of children and property division
• Serve an official notice of the annulment action to the other spouse; the respondent has the right to respond or contest the petition. If the respondent contests the annulment, the court will schedule a hearing to address the matter. Otherwise, the proceedings may move quickly, and the judge will review the petition and issue an annulment decree based on available evidence
• Attend court hearings to prove the legal grounds for annulment with credible evidence
• If the court determines that the marriage is not valid, it issues a final decree of annulment. This officially nullifies the marriage and restores the parties to single status. The court may also resolve issues related to property, debts, and child custody if applicable.

Required Forms and Documentation for an Annulment in Mississippi

Filing for marriage annulment in Mississippi requires several forms and documentation. These documents may be accessible through the Mississippi Judiciary MEC Forms and Filing Events Webpage, local county chancery court clerk’s offices, county law libraries, and commercial legal-form providers. Mississippi may not have a uniform statewide fill-in packet for annulments. Hence, it is advisable to contact the chancery court clerk in the county where the petitioner intends to file the petition to obtain the relevant forms. Nonetheless, the forms for marriage annulment in Mississippi may include:

• Petition/Complaint for Annulment
• Summons/Service of Process
• Response/Answer (and possibly Counterclaim)
• Affidavits and Supporting Declarations
• Decree of Annulment (Final Order)
• Supporting Evidence/Documentation
• Additional Ancillary Forms (if required).

Where to File for an Annulment in Mississippi

In Mississippi, the Chancery Courts handle annulment cases. According to § 93-7-3 of the Mississippi Code, individuals who seek marriage annulments in the state must file their petitions at the Chancery Courts in the counties where at least one of the parties to the divorce resides or the Chancery Court in the county where the marriage was conducted.

Local courts in Mississippi follow a similar structure for annulment of marriages, although the procedure may vary slightly. Hence, intending petitioners should inquire from the relevant Chancery Court clerk's office about the rules for annulment actions in their jurisdiction.

Annulment Timelines and Waiting Periods in Mississippi

Mississippi does not have a general waiting period for annulment actions; the time limits for filing petitions after a discovery depend on the grounds for annulment. For instance, marriages contracted by fraud, force, or as a result of pregnancy by an individual other than the current spouse must be brought before the court within six months after the ground is discovered or reasonably should have been discovered. Likewise, a marriage involving a mentally ill or incompetent spouse at the time of the marriage has a six-month window period for an annulment petition.

While there are limitations periods for filing annulment petitions, Mississippi does not have a statutory time limit for annulment proceedings. A marriage annulment may proceed quickly if it is uncontested and the petitioner proves grounds for annulment, provides the necessary documents, and properly serves the respondent. On the other hand, if the annulment action is contested or becomes complex due to factors such as minor children, missing paperwork, Court backlogs, and joint assets, the case may take longer to conclude.

Typically, a simple uncontested annulment proceeding is potentially faster than most divorce cases. In comparison, a contested annulment can easily take longer than a basic divorce due to several factors. Individuals can speed up marriage annulments if:

• Both spouses agree to the annulment
• The ground for annulment is clear, straightforward, and properly documented
• There is proper filing and service of process
• The court’s docket is not clogged
• Paperwork is complete, with minimal back-and-forth for corrections
• The case does not involve children, joint assets or debts, or property issues.

Costs and Court Fees for an Annulment in Mississippi

Mississippi lacks a uniform statewide standard filing fee for annulment of marriage. Counties set these fees, which typically range between $150.00 and $250.00. This figure does not include expenses such as service of process/summons costs, attorney fees, certified document copies, and other miscellaneous expenditures.

Attorneys in the state bill clients between $200.00 and $350.00 per hour. Consequently, the total annulment costs reflect the complexity of the case.

Mississippi offers self-representation for petitioners seeking to lower costs, an option most viable for uncontested annulments. Petitioners who qualify for financial aid can request fee waivers using the “Motion to Proceed In Forma Pauperis” and the "Pauper's Affidavit” forms. However, they remain responsible for other applicable costs, even when the state grants fee waivers.