Mississippi Annulment and Prohibited Marriage Laws

By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 16, 2024

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.

Not all marriages are considered legally valid. The legal prerequisites and proceedings for marriage can vary from one state to the next, and some marriages are prohibited by law. Other types of marriage can be ruled invalid if certain qualities of the marriage do not align with what is permitted by law. Here is a brief overview of laws related to civil annulments and prohibited marriages in Mississippi.

Civil Annulments and Prohibited Marriages

State laws related to civil annulments and prohibited marriages can invalidate a marriage under certain circumstances. Under other circumstances, certain marriages are completely barred by law. For example, in Mississippi a marriage may be annulled if one partner to the marriage is impotent, or if another was pregnant as a consequence of involvement in an extra-marital relationship. A marriage may also be annulled if a party to the marriage is pregnant as a result of a sexual relationship prior to or at the time of the marriage with someone outside of the marriage.

Civil Annulments in Mississippi

Mississippi's laws related to civil annulments and prohibited marriages are listed in the table below.

Prohibited Marriages
  • 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.

Grounds for Annulment

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

Time Limits for Obtaining Annulment

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

Legitimacy of Children
  • 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.

Same-Sex Marriage in Mississippi

At one point in history, Mississippi law banned same-sex marriages. In 2015, however, the U.S. Supreme Court found that state bans on same-sex marriage were unconstitutional. The U.S. Supreme Court did so in the landmark decision Obergefell v. Hodges.

For the latest developments in same-sex marriage law, please visit FindLaw's Same-Sex Marriage section. You could also refer to FindLaw's breakdown of same-sex marriage laws by state.

Civil Annulments and Prohibited Marriages: Related Resources

Marriage can be a serious emotional decision. 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.

Was this helpful?

Can I Solve This on My Own or Do I Need an Attorney?

  • Divorces are tough and a lawyer can seek the best outcome
  • A lawyer can help protect your children's interests
  • Divorce lawyers can secure alimony, visitation rights, and property division

Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.

 

If you need an attorney, find one right now.

Helpful Links

Popular Directory Searches