Annulment v. Divorce—what is the difference?
Annulment v. Divorce—what is the difference?
As a Mississippi divorce lawyer, I've had questions for some folks as to the difference between a divorce and annulment. In Mississippi, the distinction between divorce and annulment can be blurred. Generally speaking, a divorce is the dissolution of a valid marriage and an annulment is the dissolution of an invalid or void marriage. You can view my previous post on the grounds for divorce in Mississippi in addition to the post on what it takes to be a valid marriage in Mississippi.
There are two different broad grounds for annulment in Mississippi. The first is the annulment of a void marriage. A void marriage in Mississippi is either a bigamous or incestuous marriage. A bigamous marriage is one in which one spouse is still married to another person at the time of the other marriage. In addition to being a void marriage, it is also a crime. Under the Mississippi Code, a marriage is incestuous if the person marries their brother or sister, half brother or sister, step-brother or sister, parent, adoptive parent, step-parent, grandparent, step-grandparent, uncle, aunt, first cousin, or their own child’s widow or widower.
Even though the Mississippi Code says bigamous and incestuous marriages are void marriages and subject to annulment, both are also listed as grounds for divorce in the Mississippi Code. In either case, a party may file either an annulment or a divorce to have the marriage declared void.
The second type of marriage subject to annulment is a voidable marriage. A voidable marriage is one which may be annulled for any of the causes listed below which existed at the time of the marriage ceremony:
- Incurable impotency;
- Insanity or idiocy if the suit for annulment is filed within six (6) months of the marriage;
- Failure to obtain a license in accordance with state law if the marriage is not followed by cohabitation;
- Pregnancy of the wife by another person other than the husband as long as the husband did not know the wife was pregnant by another at the time of the marriage;
- One spouse being underage; and
- One spouse lacked consent to marry due to either force or fraud.
The last three grounds require that the suit for annulment be brought within six (6) months of the grounds for annulment being discovered or they are barred. Further, the marriage can not have been ratified. Ratification is when the complaining spouse continues to live with the offending spouse after they have learned of the grounds for annulment.
Determining whether to file for a divorce or annulment in Mississippi can be complicated. If you have a specific question about whether you need a divorce or annulment, speak to an attorney. At the Kisselburgh Law Firm, we handle these types of cases.
