Mississippi chancery courts annul marriages only for narrow reasons, and strict deadlines might cut off your right to file. Here's how the process works.
You can get an annulment in Mississippi only if your marriage was never legally valid. Bigamous and incestuous marriages are void from the moment of the ceremony. Other grounds include an underage spouse, a spouse who was declared mentally ill or incompetent by a court, problems with your marriage license, force, fraud, or pregnancy by someone outside the marriage.
Most of these grounds come with a strict six-month deadline. To get an annulment, you must file a complaint in chancery court, state why your marriage wasn't valid, and prove it at a hearing.
An annulment isn't the same as a divorce. A divorce ends a valid marriage. An annulment declares that the marriage was never valid in the first place. Read on to learn who qualifies in Mississippi, how the deadlines work, and what a judge can decide afterward.
What Are the Grounds for an Annulment in Mississippi?
A Mississippi chancery court can annul your marriage for any of the following reasons, as long as the problem existed at the time of the marriage:
- bigamy (a spouse was still married to another living person)
- incest (the spouses are too closely related under Mississippi law)
- incurable impotence
- court-declared mental illness or incompetence
- failure to follow marriage license rules, including age restrictions (if you haven’t lived together since)
- being unable to consent because of age or understanding
- force or fraud, or
- pregnancy of the wife by another person, if her spouse didn't know.
(Miss. Code §§ 93-7-1, 93-7-3 (2026).)
Bigamy or Incest: When a Marriage Is Both Void and Criminal
Under Mississippi law, two types of marriage—those involving bigamy or incest—are not only void from the outset but also subject to criminal penalties. Even though these marriages were never valid, either spouse can ask a court for an annulment (officially called a “declaration of nullity”) to clear up the record. (Miss. Code § 93-7-1 (2026).)
Bigamy
You can't marry someone who is already married to a living spouse. Bigamy is also a crime in Mississippi, punishable by up to ten years in prison. The criminal law makes exceptions, however, including when a person’s spouse has been missing for seven consecutive years. (Miss. Code §§ 97-29-13, 97-29-15 (2026).)
Incest
Marriages between close relatives, including blood-related first cousins, are void on the ground of incest. In Mississippi, an incestuous marriage is also a crime punishable by a fine, up to ten years in prison, or both. (Miss. Code §§ 93-1-1, 97-29-27 (2026).)
Mississippi’s Rules for Underage Marriage
In Mississippi, males 17 and older and females 15 and older can legally marry, but anyone under 21 must prove to the court clerk that their parents or guardians consent to the marriage. In addition, a court can waive the minimum age if the parents consent and the judge finds a good reason for doing so. (Miss. Code § 93-1-5 (2026).)
If the age or consent rules weren't followed, either spouse might have grounds for annulment, but only if the couple hasn't lived together since the ceremony. Once they live together, the marriage stands. (Miss. Code §§ 93-1-9, 93-7-3(c) (2026).)
Mental Illness or Incompetence
This ground is narrower than it might sound. It applies only if a court had declared a spouse mentally ill or incompetent before the wedding—for example, in a commitment or guardianship case. A spouse who was struggling with mental illness but never went through that kind of court proceeding doesn't qualify here.
A spouse the court declared mentally ill or incompetent doesn't have to file alone. Their court-appointed guardian can bring the case on their behalf. If they don't have a guardian, a relative or someone else close to them can file as what’s called a "next friend." Either way, they must file the case within six months of the wedding itself. (Miss. Code § 93-7-3(b) (2026).)
How Mississippi Handles Lack of Consent, Force, and Fraud
Mississippi law lets a judge annul a marriage when someone couldn't truly consent to it, or when consent was obtained by force or fraud. The statutes don’t define force or fraud, so judges decide these matters on a case-by-case basis. (Miss. Code § 93-7-3(d) (2026).)
Generally, fraud must involve something essential to the marriage itself; lies about past relationships, money, or character won’t be enough.
Ratification and the Six-Month Deadline
In Mississippi annulment cases, timing is essential. Two rules can shut the door: ratification or a six-month filing deadline. (Miss. Code § 93-7-3 (2026).)
When You Must File Within Six Months
A suit based on age, lack of understanding, force, fraud, or pregnancy by another person has to be filed within six months after you discover the problem, or after you reasonably should have discovered it. After that, you can't bring the case at all.
When Ratification Prevents Annulment
The grounds listed just above are available only "in the absence of ratification." Ratification means treating the marriage as valid after you learn the truth—for example, by continuing to live together as spouses. If you ratify the marriage, you lose the right to annul it even if you're still inside the six-month window.
If either rule blocks your case, divorce might still be an option.
What Happens After a Mississippi Annulment?
After an annulment, both spouses return to single status and are free to remarry.
Your children are protected. A child conceived after the wedding is legitimate in the eyes of the law, unless the marriage was incestuous. (Miss. Code § 93-7-5 (2026).) If you conceived your child before the wedding, that particular rule doesn't apply, but you can still go to court to establish parentage and get a support order. (Miss. Code §§ 93-9-1 and following (2026).)
Additionally, if a judge annuls a marriage or declares it void, the chancery court can order the care, custody, and maintenance of the children and can change those orders later if circumstances change. (Miss. Code § 93-7-7 (2026).)
Money is another story. Mississippi's annulment statutes don't give judges authority to divide marital property or award spousal support the way the divorce statutes do. The financial stakes can be significant, so talk to a lawyer before pursuing annulment instead of divorce.
How Do I Get an Annulment in Mississippi?
Mississippi chancery courts handle annulments, using the same procedural rules that apply in divorce cases. (Miss. Code § 93-7-11 (2026).) To complete the process, you must:
- File a complaint for annulment. File in the county where your spouse lives, the county where your marriage license was issued, or, if your spouse lives outside Mississippi, the county where you live. (Miss. Code § 93-7-9 (2026).) Your complaint should state your grounds and include any requests about your children. The Mississippi Judiciary's chancery court page has contact information for clerks in every county.
- Notify your spouse. The clerk will issue a summons—an official notification that the case has begun. You'll need to have the summons and a copy of your complaint delivered to your spouse, usually by a sheriff's deputy or a private process server. Your spouse will have a set period to respond in writing.
- Prove your case. Be ready to testify and bring supporting evidence. Even if your spouse never responds, a judge won't annul your marriage without proof.
Note that Mississippi's annulment statutes don't set a residency requirement like the six-month rule that applies to divorce cases. If you’ve recently moved to the state, check with a lawyer or your chancery clerk to make sure there’s no requirement you must meet.
Where to Find More Information and Legal Help in Mississippi
You can find the official Mississippi Code on LexisNexis. When you reach the Mississippi page, type a section number into the search bar or open Title 93: Domestic Relations and toggle through the menu to Chapter 1 (Marriage) or Chapter 7 (Annulment of Marriage).
Free legal help is available from several providers for people who qualify:
- Mississippi Center for Legal Services (central and southern Mississippi)
- North Mississippi Rural Legal Services (the northern 39 counties), and
- Mississippi Volunteer Lawyers Project.
In addition, the Mississippi Access to Justice Commission offers free family law forms and self-help guides, though it doesn't specifically include annulment.
Because the grounds are narrow, the deadlines are short, and the financial consequences are real, it's worth talking to a family law attorney before you file.
