Mississippi Annulment

[Sonic98]

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. I know I can get a statement from someone that heard her threaten to kill and actually had to file a report about it with her job because it happened in front of your office? Then that are other incidents, that knowing her she probably won't even denie that are not neccesarily threats but that how crazy and unstable she acts.

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?

4. How long you think it gonna be before they contact us

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.

 

[seniorjudge]

1. How hard do you think it would be to prove force. I know I can get a statement from someone that heard her threaten to kill and actually had to file a report about it with her job because it happened in front of your office? Then that are other incidents, that knowing her she probably won't even denie that are not neccesarily threats but that how crazy and unstable she acts.

A: Did she threaten to kill you if you did not marry her? If not, then this grounds is worthless for you.


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?

A: Probably six months from the date you found out about the fraud or six months from the last act of force. Again, nothing you have alleged in this post gives you grounds for annulment.



3. Also, why is divorce cheaper?

A: Because it is so difficult to prove annulment.



4. How long you think it gonna be before they contact us

A: Who is "you"? Who is "they"? Who is "us"?

 

[Sonic98]

Yes, the threat to kill me or to come back with a gun was if I didn't agree to marry her. She also threatened to harm anyone that came to get anything of mine out of her house if I didn't marry her as damaging and disposing of my property? What if she admits do having said what I say she said.

When I say us, I met the petitioner and respondent. Aren't we gonna get something from the courts stating that I filed for an annulment and when the process will begin?

I'll say the same thing I said on the other sites. They really make you have to go through too much to get an annulment

 

[seniorjudge]

Q: Aren't we gonna get something from the courts stating that I filed for an annulment and when the process will begin?

A: No; you may to be in charge of your own case. The clerk and the judge are not going to help you.



There is no "force" or "fraud" under the statute I found:

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).

http://www.mscode.com/free/statutes/93/007/0003.htm




In other words, you are wasting your time.

 

[Sonic98]

Q: Aren't we gonna get something from the courts stating that I filed for an annulment and when the process will begin?

A: No; you may to be in charge of your own case. The clerk and the judge are not going to help you.



There is no "force" or "fraud" under the statute I found:

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).

http://www.mscode.com/free/statutes/93/007/0003.htm




In other words, you are wasting your time.

I know I'm in charge of my own case, but now that I've filed what do I do next after I tell her?

 

[seniorjudge]

I know I'm in charge of my own case, but now that I've filed what do I do next after I tell her?

What do the rules say?

 

[seniorjudge]

I know I'm in charge of my own case, but now that I've filed what do I do next after I tell her?

And you think you can convince a court that she had a gun in your back (figuratively or literally) and that is why you married her?

Where did you get married?

Did you have a wedding?

How old are you?

How old is she?

How old were you when you got married?

How old was she when you got married to her?

 

[Sonic98]

What Rules?

I thought age issues were a completely different ground. We've only been married a few months, and she's about 4 years older than me. We had a wedding but no one was there but us and a friend of hers. I never told anyone else I ever was even considering getting married, and even when I told her she kept making plans to prepare a wedding behind my back, including constantly changing the wedding date she'd told her church closer and closer to the time we actually got married. Like she would tell her friends and set a church date, and when I told her I did not want to instead of calling it out she would put on more pressure and make the date sooner.

 

[Ohiogal]

Andyou just went through with it? You didn't call the police when she arrived outside your job and threatened to kill you? YOu didn't file a report on her? You are going to have a very difficult time convincing the judge that you were forced in to marriage!

 

[Sonic98]

I thought I was going to be able to get away. And I believe my job did file a report about one of two of the incidents because my supervisor said something to me about it when I came to work the next time. How can it be so hard to prove something others witnessed? It's too bad I'm sure her friend won't be willing to go against her because she witnessed more than one such incident.


I work on a college campus, and the campus police almost arrested us for making a public disturbance when this happened, though I don't think any of them heard the threat. Plus, she has a history because she showed up at her ex-husband's job with a gun and caught him coming out to his car. I didn't get the police involved because I hoped I could get away without having to. My plan was to get a storage, put the few things of my property I could care if she damaged or tried to hide in, find somewhere to lay low for a while. But that's kind of hard with a person that's determined to show up where ever you go and be disruptive.


And after so long of a person trying to be manipulative, controlling, disruptive, and threatening, you're under such durress you can't think straight. IT's a lot of stuff you could do you don't think about it. Even at that time, I never even thought until later own in the process of the idea of putting my stuff in storage and kind of sneaking out one day when she was at work or something. Then I was secretly looking on the net for a place forgetting in my time of stress thatt there was a storage place almost right around the corner. And the only reason I didn't do that is because I needed a way to get my stuff out of there and enough time for her to be gone, and at the time I wasn't thinking about the place right near me. And her moving the date up constantly messed up my plans of finding a storage, finding a place to move to, or at least finding somewhere to crash and lay low. Not to mention she worked and went to school at the same university. IT would be kind of hard to avoid her unless I chose to not go to work or class, and how could I find money to move somewhere without going to work? Plus, a lot of abused women don't call the police, and she'd already stated she would not respect a restraining order. I had mentioned to her before about calling the police and she didn't seem to be too worried about it.

 

[Ohiogal]

I thought I was going to be able to get away.

There were dozens of things you could have done. You could have not gone back to the place you shared with her. You could have filed for a restraining order. You could have filed charges for harrassment, menacing, stalking. Even DV may have come into play. YOu could have gone to a shelter.

And I believe my job did file a report about one of two of the incidents because my supervisor said something to me about it when I came to work the next time.

But YOU never did anything about it. YOU never filed a police report. Apparently it was nto that big of a deal.

How can it be so hard to prove something others witnessed?

At the time of the wedding who witnessed you being under duress? At the TIME of the wedding who witnessed you being forced into it and her threats. At the TIME you said I do was she holding a gun to your head? AT THE TIME YOU GOT MARRIED -- not a day before, hour before, week before but at that EXACT TIME!

It's too bad I'm sure her friend won't be willing to go against her because she witnessed more than one such incident.

NONE of those are relevant. All they show is you made a bad decision. And may give you a reason for a fault divorce.

I work on a college campus, and the campus police almost arrested us for making a public disturbance when this happened, though I don't think any of them heard the threat.

Almost doesn't count.

Plus, she has a history because she showed up at her ex-husband's job with a gun and caught him coming out to his car.

Irrelevant.

I didn't get the police involved because I hoped I could get away without having to.

Your choice.

My plan was to get a storage, put the few things of my property I could care if she damaged or tried to hide in, find somewhere to lay low for a while. But that's kind of hard with a person that's determined to show up where ever you go and be disruptive.

Your plan apparently that you didn't follow through on. The last sentence is JUST an excuse.

And after so long of a person trying to be manipulative, controlling, disruptive, and threatening, you're under such durress you can't think straight.

You had OTHER choices. You made the wrong run. That doesn't mean you qualify for an annulment. Read the law seniorjudge posted. GET A DIVORCE!

IT's a lot of stuff you could do you don't think about it.

Quite frankly that is your error.

Even at that time, I never even thought until later own in the process of the idea of putting my stuff in storage and kind of sneaking out one day when she was at work or something. Then I was secretly looking on the net for a place forgetting in my time of stress thatt there was a storage place almost right around the corner. And the only reason I didn't do that is because I needed a way to get my stuff out of there and enough time for her to be gone, and at the time I wasn't thinking about the place right near me.

Excuses.

And her moving the date up constantly messed up my plans of finding a storage, finding a place to move to, or at least finding somewhere to crash and lay low. Not to mention she worked and went to school at the same university.

Your choice. YOU CHOSE TO MARRY HER! YOU CHOSE NOT TO WALK AWAY.

IT would be kind of hard to avoid her unless I chose to not go to work or class, and how could I find money to move somewhere without going to work? Plus, a lot of abused women don't call the police, and she'd already stated she would not respect a restraining order.

And abused women get told the same thing -- they too wouldn't qualify for an annulment. And if she didn't respect a restraining order she would go to jail.

I had mentioned to her before about calling the police and she didn't seem to be too worried about it.

Probably because you NEVER followed through on it.

 

[Sonic98]

You mean to tell me it's not a threat if the person isn't doing up until the very minute you say I do? That's just crazy. There probably were other things I could do, assuming I was dealing with a normal acting person. I guess it's true what they say. The law really isn't there to help and protect you. This is worse than the days they used to not let you get a restraining order unless a person made a specific threat of what they wanted to do to you. No wonder people think they just do each other any kind of way and get away with it. Divorce might be an option down the line, but I've already started the process of the annulment including filing and giving her a copy of the peititon and summons as well as recently returning to the chancery court office to speak to someone about the annulment.

 

[seniorjudge]

...What Rules?....

You haven't read your state's rules of civil procedure and you're trying to be your own lawyer?

 

[Ohiogal]

You haven't read your state's rules of civil procedure and you're trying to be your own lawyer?

Oh come on Seniorjudge -- its easy right? I mean lawyers don't need schoolin' or nuttin' do they?

 

[seniorjudge]

Oh come on Seniorjudge -- its easy right? I mean lawyers don't need schoolin' or nuttin' do they?

I guess he doesn't want to answer any pertinent questions.

In any event, if the poster checks in again: get a divorce. It's cheaper and easier.