Annulment vs. Divorce
What is the difference between annulment and divorce? If you are thinking about the possibility of ending your marriage, which of these options is best for you? The key difference between divorce and annulment is that an annulment makes it so that your marriage never existed legally. Differently, a divorce still comes with the recognition that you were once married, but that you went through the divorce process and dissolved your marriage. Sometimes Mississippi residents think that it might be easier to have a marriage annulled, or that it might be preferable for other reasons to seek an annulment instead of a divorce. It is important to recognize that annulment proceedings, just like divorces, can be extremely complicated. In addition, there are only a very small number of statutory reasons for which a couple can have their marriage annulled.
Before filing for divorce or seeking an annulment, it is extremely important to discuss your case with a dedicated Jackson annulment & divorce attorney. An advocate at the law office of Derek L. Hall, PC can speak with you today about your case.
Causes for Annulment of Marriage in Mississippi
There are limited causes, as we mentioned, for the annulment of marriage. Under Mississippi Code Section 93-7-3, the potential causes for annulment include:
- Incurable impotency;
- Adjudicated mental illness or incompetence of one or both parties;
- Failure to cohabitate upon lawful marriage;
- Inability of one or both of the parties to consent to the marriage due to age or understanding;
- Inability of one or both of the parties to enter into the marriage state as a result of physical causes;
- Existence of force or fraud in obtaining consent to the marriage of one or both parties; and
- Pregnancy of the wife by another person without the husband’s knowledge.
There are also clear time limits on the possibility for an annulment. The statute makes clear that an annulment, in most of the situations listed above, must be brought within six months after the ground for the annulment is discovered. In situations of incurable impotency, adjudicated mental illness or incompetence, or failure to cohabitate, the parties may have a longer time window in which they can bring a claim. This is a complicated area of the law, and you should seek advice from a Jackson divorce attorney.
Ground for Divorce in Mississippi
There are numerous grounds for divorce in our state. Under Mississippi Code Sections 93-5-1 and 93-5-2, an action for divorce can be brought based on the following causes:
- Natural impotency;
- Sentence to a penitentiary;
- Willful, continued, and obstinate desertion;
- Habitual drunkenness;
- Habitual and excessive drug use;
- Habitual cruel and inhuman treatment;
- Mental illness at the time of the marriage (if the complaining party did not know);
- Marriage to another person at the time of the pretended marriage;
- Pregnancy of the wife by another person at the time of the marriage if the husband did not know;
- Familial relation between the spouses;
- Incurable mental illness; and
- Irreconcilable differences, but only if both parties agree.
Filing for divorce is much more common than seeking an annulment, and divorces typically are easier to obtain than annulments in Mississippi.
Contact a Jackson Divorce Attorney
If you have questions about whether to seek an annulment or file for divorce, a Jackson annulment versus divorce attorney can assist with your case. At the law office of Derek L. Hall, PC, we develop a case plan for every case and provide individualized attention to each of our clients. Contact us today for more information. It’s Time to Call Derek Hall.