Mississippi Annulment and Prohibited Marriage Laws

• Under Miss. Code Ann. § 93-7-1, incestuous and bigamous marriages are legally invalid and prohibited.
• Under Miss. Code Ann. § 93-1-1, incestuous marriages are also legally invalid.
• For other types of marriage that are legally invalid and prohibited, review the types of marriage listed under "Grounds for Annulment." That section is immediately below.

Under Miss. Code Ann. § 93-7-3, the following are reasons a person can pursue a civil annulment for their marriage:

• A spouse's impotence
• A spouse's insanity or mental incompetence
• If the marriage was entered into by a party that was incapable of consent to the marriage, either by being under the age of consent, because of a health-related condition, or because of being under the influence of alcohol or drugs at the time of the marriage
• If the marriage was entered into by force or fraud
• If one of the spouses becomes pregnant as a result of an extra-marital relationship or is pregnant at the time of the marriage as a result of a sexual relationship with a party outside of the marriage

Under Miss. Code Ann. § 93-7-3, a person must seek a civil annulment to their marriage within six months, if the following are the reasons the person is pursuing the civil annulment:

• A spouse's insanity
• A spouse's inability to consent
• A spouse's pregnancy as a result of an extra-marital relationship or a sexual relationship prior to or at the time of the marriage with someone outside of the marriage
• Consider reviewing the law linked immediately above for other reasons a person may pursue a civil annulment to their marriage within six months of the marriage

• Under Miss. Code Ann. § 93-7-5, children that are born to marriages that are considered legally invalid or are annulled are considered legitimate, with the exception of children who are born to incestuous marriages.
• However, under common law and public policy, children that are born to incestuous marriages are considered legitimate. As a consequence of common law and public policy, children born to incestuous marriages are considered legitimate regardless of what Miss. Code Ann. § 93-7-5 says about children born to incestuous marriages.