Mississippi Code
Miss. Code Ann. § 93-7-3 (2026)
Causes for annulment of marriages
✓ current as of July 2026
A marriage may be annulled for any one (1) of the following causes existing at the time of the marriage ceremony:
- (a) Incurable impotency.
- (b) Adjudicated mental illness or incompetence of either or both parties. Action of a spouse who has been adjudicated mentally ill or incompetent may be brought by guardian, or in the absence of a guardian, by next friend, provided that the suit is brought within six (6) months after marriage.
- (c) Failure to comply with the provisions of Sections 93-1-5 through 93-1-9 when any marriage affected by that failure has not been followed by cohabitation.
Or, in the absence of ratification:
- (d) 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 by a court of competent jurisdiction.
- (e) Pregnancy of the wife by another person, if the husband did not know of the pregnancy.
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.
The causes for annulment of marriage set forth in this section are intended to be new remedies and shall in no way affect the causes for divorce declared elsewhere to be the law of the State of Mississippi as they presently exist or as they may from time to time be amended.
Codes, 1942, § 2748-02; Laws, 1962, ch. 278, § 2; Laws, 2008, ch. 442, § 28, eff. 7/1/2008.
Notes of Decisions
Cited in 4
cases, 1978–2015 · leading case: James Allen Morton v. Jolene Anseman (Miss. 1994).
James Allen Morton v. Jolene Anseman (Miss. 1994). “Miss. Code Ann. § 93-7-3 (d) allows annulment of a marriage when the consent of either party was obtained by fraud.”
Czekala-Chatham v. State ex rel. Hood, 212 So. 3d 787 (Miss. 2015). “2013); Miss.Code Ann. § 93-7-3 (Rev.2013). In order to obtain a divorce from a marriage, one first has to recognize that marriage; otherwise, any two strangers off the street could walk into a courthouse and file for a divorce.”
Haralson v. Haralson, 362 So. 2d 190 (Miss. 1978). “She also averred that the annulment action was barred under the provisions of Section 93-7-3, Mississippi Code Annotated (1972) because it was not brought within six months after the marriage.”
Callahan v. Callahan, 381 So. 2d 178 (Miss. 1980). “The section concludes with the following provision: “The causes for annulment of marriage set forth in this section are intended to be new remedies and shall in no way affect the causes for divorce declared elsewhere to be the law of the State of Mississippi as they presently…”
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