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  1. #1
    karamchand is offline Junior Member
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    annulment in Mississippi

    What is the name of your state? Mississippi

    I'm trying to get an annulment on the basis of fraud. My wife after our marriage is adamant that she does not want to have any children with me. Before we married, when I asked her about children she said she will want to have children with me. Now she claims that she agreed to have children just to get married with me though she knew that she never wanted it. Can this be a vaid reason to get my marriage annuled on the basis of fraud or do I have to file for a divorce instead?
  2. #2
    Ohiogal is offline Senior Member
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    Divorce is usually quicker and cheaper but fraud (if proven) is a basis for annulment.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    Sonic98 is offline Junior Member
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    I had the same issue, annulment in MS. It took me months to find out about the grounds and the paperwork. I just filed this week. Mine is on the basis of force/duress. LEt me ask this.

    1. How hard do you think it would be to prove force?

    2. If force or fraud is the grounds, you have 6 months. Do you have to file 6 months before the marriage anniversary date or actually before the 6th month begins, or must all issues relating to it be taken care of by 6 months?

    3. Also, why is divorce cheaper?

    I'm actually shocked to find a forum where someone besides me is asking about annulment in MS. I've been on Divorcesupport, divorcesource, and a couple other sites. And I've been trying to e-mail lawyers through their websites. I wish I'd have found out more about it sooner.
    Last edited by Sonic98; 05-03-2007 at 07:11 AM.
  4. #4
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by Sonic98 View Post
    I had the same issue, annulment in MS. It took me months to find out about the grounds and the paperwork. I just filed this week. Mine is on the basis of force/duress. LEt me ask this.

    1. How hard do you think it would be to prove force?

    2. If force or fraud is the grounds, you have 6 months. Do you have to file 6 months before the marriage anniversary date or actually before the 6th month begins, or must all issues relating to it be taken care of by 6 months?

    3. Also, why is divorce cheaper?

    I'm actually shocked to find a forum where someone besides me is asking about annulment in MS. I've been on Divorcesupport, divorcesource, and a couple other sites. And I've been trying to e-mail lawyers through their websites. I wish I'd have found out more about it sooner.

    You need to start your own thread.
  5. #5
    karamchand is offline Junior Member
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    Quote Originally Posted by Ohiogal View Post
    Divorce is usually quicker and cheaper but fraud (if proven) is a basis for annulment.
    Thanks. I would prefer annulment. Now, my question is if the following reason good enough for taking annulment? If yes, what evidence will I need to furnish?

    "My wife after our marriage is adamant that she does not want to have any children with me. Before we married, when I asked her about children she said she will want to have children with me. Now she claims that she agreed to have children just to get married with me though she knew that she never wanted it."
  6. #6
    Ohiogal is offline Senior Member
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    Quote Originally Posted by karamchand View Post
    Thanks. I would prefer annulment. Now, my question is if the following reason good enough for taking annulment? If yes, what evidence will I need to furnish?

    "My wife after our marriage is adamant that she does not want to have any children with me. Before we married, when I asked her about children she said she will want to have children with me. Now she claims that she agreed to have children just to get married with me though she knew that she never wanted it."
    Can you prove that you were induced to marry her and would nto have married her but to have children with her? Can you PROVE that she led you to believe that she wanted to have children with you and then admitted she lied to you because she wanted to marry you? Remember, you need PROOF and not just your word.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  7. #7
    karamchand is offline Junior Member
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    Quote Originally Posted by Ohiogal View Post
    Can you prove that you were induced to marry her and would nto have married her but to have children with her? Can you PROVE that she led you to believe that she wanted to have children with you and then admitted she lied to you because she wanted to marry you? Remember, you need PROOF and not just your word.
    What kind of proofs are required? From the top of my head, I can remember some greeting cards that we exchanged where we talk about our future married life and children. I think she now realizes the gravity of the situation and I can try to talk to her to admit the facts in a court. Will her admission in court along with these cards be good enough evidence?
  8. #8
    Shaye is offline Member
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    My daughter just had to get a DIVORCE, even tho her "husband" is STILL married to his 1st wife. An annulment wasn't allowed because they were married for 1 year and 3 days before she found out, and filed to end the marriage. If you have been married a year or more, you are wasting your time.
  9. #9
    Shaye is offline Member
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    What county are you in?
  10. #10
    karamchand is offline Junior Member
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    Quote Originally Posted by Shaye View Post
    My daughter just had to get a DIVORCE, even tho her "husband" is STILL married to his 1st wife. An annulment wasn't allowed because they were married for 1 year and 3 days before she found out, and filed to end the marriage. If you have been married a year or more, you are wasting your time.
    I have been married for less than 5 months. Anyone knows what is the time limit for annulment in Mississippi?
  11. #11
    karamchand is offline Junior Member
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    Quote Originally Posted by Shaye View Post
    What county are you in?
    Do the annulment laws change from county to county within Mississippi? I thought that the laws should be same?

    Also, do I have to file for annulment in the same county where we both are current residents for more than a year or can I file the case in a different county?
  12. #12
    seniorjudge is offline Senior Member
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    Quote Originally Posted by karamchand View Post
    I have been married for less than 5 months. Anyone knows what is the time limit for annulment in Mississippi?
    [url]http://www.mscode.com/free/statutes/93/007/0003.htm[/url]

    MISSISSIPPI CODE OF 1972
    As Amended

    SEC. 93-7-3. Causes for annulment of marriages.

    A marriage may be annuled for any one of the following causes existing at the time of the marriage ceremony, to wit:

    (a) Incurable impotency.

    (b) Insanity or idiocy of either or both parties. Action of an insane spouse may be brought by guardian or in the absence thereof by next friend, provided suit be brought within six (6) months after marriage.

    (c) Failure to comply with the provisions of sections 93-1-5 to 93-1-9 when any marriage affected by such failure has not been followed by cohabitation.

    Or, in the absence of ratification:

    (d) When either of the parties to a marriage shall be incapable, from want of age or understanding, of consenting to any marriage, or shall be incapable from physical causes of entering into the marriage state, or where the consent of either party shall have been obtained by force or fraud, the marriage shall be void from the time its nullity shall be declared by a court of competent jurisdiction.

    (e) Pregnancy of the wife by another person, if the husband did not know of such pregnancy.

    Suits for annulment under subsections (d) and (e) shall be brought within six (6) months after the ground therefor 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.

    SOURCES: Codes, 1942, Sec. 2748-02; Laws, 1962, ch. 278, Sec. 2, eff from and after 60 days after passage (approved May 16, 1962).



    Annulments are extremely difficult to get. If you insist, then go hire a lawyer immediately and hope for the best. Nothing you have stated shows any grounds for an annulment.
    There are two rules for success:

    (1) Never tell everything you know.
  13. #13
    Shaye is offline Member
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    Talking

    Is that a question, or are you being sarcastic? If it is a question, Sonic98, and I have answered it for you.
  14. #14
    Shaye is offline Member
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    I'm sure things are the same all over the state. Just call a lawyer in your county-most will give you a free phone conference.
  15. #15
    Sonic98 is offline Junior Member
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    Pretty helpful replies in this thread, but I must say this. This is a help site. I've been looking through various threads, and it seems as if some people want to give as much attitude as they give advice. People don't know, and they come here to ask. They want to know what they can, need, or should do. These are real life situations, and people don't need others getting smart or condescending with them when they just want to ask questions.

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