Mississippi Annulment Laws: Grounds, Deadlines and How to File (2026)

Mississippi allows annulment. Miss. Code Ann. § 93-7-1 makes bigamous and incestuous marriages void and lets either spouse ask for a declaration of nullity, and § 93-7-3 lists the causes for which a chancery court may annul a marriage. Several of those causes carry a six-month filing deadline.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers court annulment under Mississippi Code §§ 93-7-1 through 93-7-11 and the marriage prohibitions in §§ 93-1-1, 93-1-3 and 93-1-9. Statute wording is quoted from a 2020 compilation of the Mississippi Code; the § 93-7-3 wording matches the text enacted by H.B. 104 (2008). Confirm the current text with the chancery clerk or a Mississippi lawyer. It does not cover Mississippi's current minimum marriage age, property division or spousal support after an annulment, religious annulment, or other states' law. For ending a valid marriage, see Mississippi divorce laws.

Can you get an annulment in Mississippi?

Yes. Mississippi law recognizes two routes. Section 93-7-1, titled "Annulment of void marriages", covers marriages that are void outright:

"All bigamous or incestuous marriages are void, and a declaration of nullity may be obtained at the suit of either party."

Section 93-7-3 covers other defects. It opens: "A marriage may be annulled for any one (1) of the following causes existing at the time of the marriage ceremony." Those causes, and the deadlines attached to some of them, are set out below.

The statute quotations on this page come from a 2020 compilation of the Mississippi Code. Before filing, confirm the current text with the chancery clerk or a Mississippi lawyer.

Void marriages in Mississippi

A void marriage is one the statutes treat as invalid from the start. Section 93-7-1 lets either spouse bring a suit to have that declared.

The kinship list in § 93-1-1(1) includes first cousins by blood. It provides: "nor shall the children of brother or sister, or brothers and sisters intermarry being first cousins by blood." The full list of prohibited relationships is in that subsection.

Section 93-1-3 closes the out-of-state route: "Any attempt to evade Section 93-1-1 by marrying out of this state and returning to it shall be within the prohibitions of said section."

Grounds to annul a marriage under § 93-7-3

Section 93-7-3 lists causes that must have existed at the time of the ceremony. The table shows what the section says about each one.

The six-month rule for the last two rows is stated plainly: "Suits for annulment under paragraphs (d) and (e) shall be brought within six (6) months after the ground for annulment is or should be discovered, and not thereafter."

Where the table says a time limit is not written for a ground, that is a statement about § 93-7-3 only. Courts can apply other rules, and this page does not cover whether an annulment can be sought after one spouse has died. Ask a Mississippi lawyer how timing affects a particular case.

Force, fraud and lack of capacity

Paragraph (d) is the ground most people mean when they ask about annulment for fraud or for marrying under pressure. It reads:

"Or, in the absence of ratification: When either of the parties to a marriage is incapable, from want of age or understanding, of consenting to any marriage, or is incapable from physical causes of entering into the marriage state, or where the consent of either party has been obtained by force or fraud, the marriage shall be void from the time its nullity is declared"

Two features stand out. The ground applies only "in the absence of ratification", so conduct that ratifies the marriage can defeat the claim. And a marriage annulled under this paragraph is void "from the time its nullity is declared", not from the wedding day.

License problems and cohabitation

Paragraph (c) lets a court annul a marriage that did not comply with the license sections, §§ 93-1-5 through 93-1-9, when the marriage was not followed by cohabitation. Once the couple has lived together, § 93-1-9 protects the marriage:

"The failure to comply with the provisions of Sections 93-1-5 and 93-1-7 shall not affect the validity of any marriage duly solemnized, followed by cohabitation."

Marriages involving minors

Paragraph (d) includes a spouse who was incapable "from want of age" of consenting. This page does not state Mississippi's current minimum marriage age or describe any recent changes to it. Check the current marriage license requirements with the clerk's office that issues licenses, or ask a Mississippi lawyer.

How to file for an annulment in Mississippi

Annulment cases belong in chancery court. Section 93-7-11 provides that "The chancery courts of the State of Mississippi shall have jurisdiction to hear and determine all suits for annulment," and that "the same rules of pleading and procedure shall apply as in divorce cases."

Section 93-7-9 sets where the complaint is filed:

• in the county where the defendant lives;
• in the county where the marriage license was issued; or
• in the plaintiff's county, if the defendant does not live in Mississippi.

Mississippi's six-month bona fide residency rule in § 93-5-5 is written for divorce suits. This page does not cover whether a chancery court applies it to an annulment. Ask the chancery clerk before filing.

The Mississippi Judiciary's Civil Legal Assistance page offers pauper's affidavit forms for people asking to proceed without paying court costs. It does not include annulment-specific forms or instructions.

Children after an annulment

Mississippi protects most children of a void or annulled marriage. Section 93-7-5 provides:

"Except for incestuous marriages, the issue of the parties to a void marriage conceived subsequent to the date thereof is legitimate"

The rule covers a marriage void because of a prior existing marriage and a marriage annulled for another cause. The statute's own exception is incestuous marriages; ask a lawyer how parentage is established in that situation.

Section 93-7-7 lets the chancery court make orders on the care, custody and maintenance of the children in an annulment case, and change those orders later. For how Mississippi courts decide custody, see Mississippi child custody laws.

Property, spousal support and name after an annulment

The annulment sections covered here speak to children. They do not include an express rule on dividing property, awarding spousal support or restoring a former name. This page does not cover whether or how a chancery court addresses those issues in an annulment, or whether Mississippi protects a spouse who married in good faith without knowing of the defect. Ask a Mississippi lawyer before relying on any assumption about property or support.

Annulment vs. divorce in Mississippi

An annulment declares that a marriage was void or defective under § 93-7-1 or § 93-7-3. A divorce ends a valid marriage on statutory grounds, such as the irreconcilable-differences ground in § 93-5-2. For divorce grounds, residency and procedure, see Mississippi divorce laws.

If the question is whether a marriage existed at all, Mississippi common-law marriage explains how Mississippi treats informal unions. To order a copy of a marriage record, see Mississippi marriage and divorce records.

A church annulment and a court annulment are separate processes. A religious annulment does not change a marriage's legal status, and a court annulment does not decide religious questions.

Disclaimer: This article provides general legal information about annulment under Mississippi law (Miss. Code Ann. §§ 93-7-1, 93-7-3, 93-7-5, 93-7-7, 93-7-9, 93-7-11 and related sections, quoted from a 2020 compilation), verified on 2026-10-08. It is not legal advice. For advice about your situation, consult a lawyer licensed in Mississippi or ask the chancery clerk in your county about filing procedures.

Related

• Annulment laws in every state
• Mississippi divorce laws
• Mississippi common-law marriage
• Mississippi child custody laws
• Mississippi marriage and divorce records

Last updated: 2026-10-08.

Frequently Asked Questions

Can you get an annulment in Mississippi?

Yes. Miss. Code Ann. § 93-7-1 makes bigamous and incestuous marriages void, and § 93-7-3 lists other causes, existing at the time of the ceremony, for which a chancery court may annul a marriage.

How long do you have to file for an annulment in Mississippi?

It depends on the ground. Suits for want of age or understanding, physical incapacity, force or fraud, or an undisclosed pregnancy must be filed within six months after the ground is or should be discovered, and a guardian's suit for an adjudicated spouse within six months after the marriage (§ 93-7-3).

Can you annul a marriage for fraud in Mississippi?

Section 93-7-3(d) allows annulment where consent was obtained by force or fraud, in the absence of ratification, if the suit is brought within six months after the fraud is or should be discovered.

Which court handles annulments in Mississippi?

The chancery court. Section 93-7-11 gives chancery courts jurisdiction over all annulment suits and applies the same pleading and procedure rules as in divorce cases.

Where do I file a Mississippi annulment?

Section 93-7-9 allows filing in the county where the defendant lives, the county where the marriage license was issued, or the plaintiff's county if the defendant lives outside Mississippi.

Are children legitimate if a Mississippi marriage is annulled?

Under § 93-7-5, except for incestuous marriages, children of a void marriage conceived after the marriage date are legitimate, and § 93-7-7 lets the chancery court order their custody and maintenance.

Is first-cousin marriage void in Mississippi?

Section 93-1-1(1) includes first cousins by blood among the prohibited relationships and states that marriages it prohibits are incestuous and void, and § 93-1-3 applies the ban to couples who marry out of state to evade it and return.