While many of us dream of getting married, not all marriages are legal. The legal prerequisites and proceedings for marriage can vary from state to state, and some marriages are prohibited while others can be ruled invalid if certain regulations aren't met. Here is a brief overview of annulment and prohibited marriage laws in Mississippi.
Annulments and Prohibited Marriages
State annulment and prohibited marriage laws can invalidate a marriage in certain circumstances, and ban marriages in others. For example, the Magnolia State’s marriage laws allow a marriage to be annulled if the husband is impotent or if the wife was pregnant by another man without the husband’s knowledge.
Annulment Laws in Mississippi
Mississippi’s annulment and prohibited marriage statutes are listed in the table below.
| Code Sections | Mississippi Code 93-1-1; Mississippi Code 93-7-1, et seq. |
Grounds for Annulment |
Incurable impotency, insanity, or idiocy; incapable of consent from lack of understanding, force, fraud (unless ratified); pregnant by another man and husband did not know (unless ratified) |
Time Limits for Obtaining Annulment |
Insanity, lack of consent, pregnancy: Within 6 months of marriage |
Legitimacy of Children |
Void or annulled marriage's issue is legitimate, but issue of incestuous marriage is not |
Prohibited Marriages |
Bigamous and incestuous marriages are void (between ancestor and descendant, brother and sister, aunt and nephew, uncle and niece, first cousins by blood, daughter or son-in-law to father or mother-in-law). |
Same-Sex Marriage in Mississippi
Mississippi law had banned same-sex marriages. In late 2014, a U.S. District Judge ruled the ban unconstitutional, but put the ruling on a temporary hold to allow the state to appeal. In 2015, however, the U.S. Supreme Court, in the landmark decision Obergefell v. Hodges, rendered any such appeal moot when it found that state bans on same-sex marriage were unconstitutional.
Unless Missisippi constructs a new law somehow circumventing the Supreme Court's ruling or finds another method of avoiding the decision, same-sex marriage is currently legal in Mississippi. For the latest developments in same-sex marriage law and additional updates as they become law, please visit FindLaw’s Same-Sex Marriage section and refer to the list of states that allow same-sex marriage.
Mississippi Annulment and Prohibited Marriage Laws: Related Resources
Marriage can be a serious emotional decision, and in some cases it can be a complicated legal process as well. You can consult with a Mississippi divorce attorney if you would like legal assistance regarding a marriage or annulment matter. You can also find more resources and information on this topic by visiting FindLaw’s sections on Mississippi Family Law, Annulment, and Divorce.
