Mississippi Family Law Attorneys

ANNULMENT

Annulment is a remedy that allows the court to declare that a marriage never existed. All bigamous or incestuous marriages are void and may be annulled upon the request of either party. Other grounds for annulment are:

1. Incurable impotency.

2. Adjudicated mental illness or incompetence of either or both parties.

3. Failure to obtain a valid marriage license if the marriage has not been followed by cohabitation.

4. When either of the parties to a marriage is incapable, from want of age or understanding, of consenting to any marriage.

5. When either of the parties is incapable from physical causes of entering into the marriage state.

6. Where the consent of either party has been obtained by force.

7. Pregnancy of the wife by another person, if the husband did not know of the pregnancy.

An action for annulment on grounds 4, 5, 6, or 7 must be brought within six months after the ground for annulment is or should have been discovered. Also, if the offended spouse continues to cohabit with the offending spouse after learning of the facts making up the grounds for annulment, grounds 4, 5, 6, or 7 may not be available.