Mississippi Criminal Law BlogAnnulment and divorce are both legal processes that end a marriage, but they differ significantly in their legal implications and outcomes. Here are some key differences between annulment and divorce:
Legal Implications:
- Annulment:
Articles Posted in Bigamy in MS
How Does Annulment Work in Mississippi?
Annulment is a legal process through which a civil court declares that a marriage never existed. However, obtaining an annulment in Mississippi is a very specific and limited process, contrary to the misconception that it is an easier or quicker alternative to divorce. Seeking the assistance of a lawyer is crucial due to the restricted circumstances under which an annulment can be granted. It is important to differentiate this legal process from a religious annulment, which should be pursued through religious authorities and holds no legal weight in the eyes of the state.
Grounds for annulment in Mississippi include:
- Incest: Marriage between close relatives, such as parent and child, siblings, first cousins, etc. is considered void, and any children born from an incestuous marriage are considered illegitimate.
Possible Defenses to Bigamy
The above incident shows how normal citizens may unwittingly commit bigamy. This man legitimately believed that his casino wedding had no legal basis, and this is an understandable point of view in many ways. In order to get married in Mississippi, you need to go through a lengthy process to get a marriage license from a court, which takes at least 24 hours.
The exact wording of the law against bigamy suggests that intent is important. In order to commit bigamy, you have to actually be aware of what you are doing. On the one hand, the man might be able to argue that he was not of sound body and mind when he committed to the first marriage, having been heavily intoxicated at the time. He might also argue that he had a reasonable belief that this marriage was not legally binding.
An Example of Bigamy
In June of 2021, it was reported that a man in Jacksonville was facing bigamy charges after it was revealed that he had married two different women in the past. In his defense, the man stated that his first marriage was at a casino when he was heavily intoxicated. He was under the impression that the casino marriage was not legally binding, and he described it as a “tourist novelty.”
Unfortunately, the marriage was in fact legal. When he married another woman in 2020, he technically committed bigamy. His first wife actually tried to get a divorce multiple times, but she could not locate him. This meant that she could not serve him with the divorce papers. In addition, his second wife found out about his previous marriage and called the police, reporting this to the authorities. The man was then arrested and charged with bigamy.
Penalties for Bigamy in Mississippi
Mississippi is one of many states in the United States with strict penalties for the crime of bigamy. If you engage in bigamy in Mississippi, you face up to 10 years in prison
Is Bigamy Legal in Mississippi?
Bigamy is the act of marrying someone while you are still legally married to someone else. In Mississippi, Bigamy is not legal, and you might be surprised at the legal consequences that can arise from this crime. While Mississippi is much more progressive and modern than it was a few decades ago, the state still looks upon these kinds of offenses with a relatively strict mindset.
If you have been charged with bigamy in the state of Mississippi, it is probably a good idea to get in touch with a qualified, experienced criminal defense attorney as soon as possible. With an attorney by your side, you can fight for your rights in an effective manner and pursue a positive legal outcome.