Ocean Springs Divorce Lawyer

Answer: The number one complaint about lawyers is that you can never talk or meet with your lawyer.  Lawyers love to play “phone tag” with their clients.  The truth is lawyers don’t like talking to their clients so you end up talking to their secretary.  I do not run my office this way.   You can set your own phone appointment or office meeting 24 hours a day online. The link to set your own phone appointment is at the bottom of every email I send you.  I am the only lawyer in the country where clients can do this. 

So why do I do it that way?

Because I dislike phone and email tag.  It drives me just as crazy as it drives you.  Also, I actually like talking with my clients.  I don’t want you talking with one of my secretaries or paralegals and then they have to talk with me. It’s just easier to talk with you directly myself.

When a divorce lawyer charges you by the hour, you WILL get gouged.  You are going to get a GIGANTIC surprise bill at the end.  The bill will have every phone call, letter, text message, email, etc., on it and you will get sticker shock at the bill. 

Don’t get sticker shock!

I use a “flat fee” so I do NOT bill you by the hour. There is no surprise bill at my office. There is no nonsense with you getting a surprise bill at the end.

Yes.  I don’t charge you anything if you just want to talk.  I’m happy to answer whatever questions you have.

These are the reasons you can get a divorce in Mississippi:

First. Natural impotency.

Second. Adultery, unless it should appear that it was committed by collusion of the parties for the purpose of procuring a divorce, or unless the parties cohabited after a knowledge by complainant of the adultery.

Third. Being sentenced to any penitentiary, and not pardoned before being sent there.

Fourth. Willful, continued and obstinate desertion for the space of one (1) year.

Fifth. Habitual drunkenness.

Sixth. Habitual and excessive use of opium, morphine or other like drug.

Seventh. Habitual cruel and inhuman treatment, including spousal domestic abuse.

Spousal domestic abuse may be established through the reliable testimony of a single credible witness, who may be the injured party, and includes, but is not limited to: (A) That the injured party’s spouse attempted to cause, or purposely, knowingly or recklessly caused bodily injury to the injured party, or that the injured party’s spouse attempted by physical menace to put the injured party in fear of imminent serious bodily harm; or, (B) That the injured party’s spouse engaged in a pattern of behavior against the injured party of threats or intimidation, emotional or verbal abuse, forced isolation, sexual extortion or sexual abuse, or stalking or aggravated stalking as defined in Section 97-3-107, if the pattern of behavior rises above the level of unkindness or rudeness or incompatibility or want of affection.

Eighth. Having mental illness or an intellectual disability at the time of marriage, if the party complaining did not know of that infirmity.

Ninth. Marriage to some other person at the time of the pretended marriage between the parties.

Tenth. Pregnancy of the wife by another person at the time of the marriage, if the husband did not know of the pregnancy.

Eleventh. Either party may have a divorce if they are related to each other within the degrees of kindred between whom marriage is prohibited by law.

Twelfth. Incurable mental illness. However, no divorce shall be granted upon this ground unless the party with mental illness has been under regular treatment for mental illness and causes thereof, confined in an institution for persons with mental illness for a period of at least three (3) years immediately preceding the commencement of the action. However, transfer of a party with mental illness to his or her home for treatment or a trial visit on prescription or recommendation of a licensed physician, which treatment or trial visit proves unsuccessful after a bona fide effort by the complaining party to effect a cure, upon the reconfinement of the party with mental illness in an institution for persons with mental illness, shall be regular treatment for mental illness and causes thereof, and the period of time so consumed in seeking to effect a cure or while on a trial visit home shall be added to the period of actual confinement in an institution for persons with mental illness in computing the required period of three (3) years confinement immediately preceding the beginning of the action. No divorce shall be granted because of mental illness until after a thorough examination of the person with mental illness by two (2) physicians who are recognized authorities on mental diseases. One (1) of those physicians shall be either the superintendent of a state psychiatric hospital or institution or a veterans hospital for persons with mental illness in which the patient is confined, or a member of the medical staff of that hospital or institution who has had the patient in charge. Before incurable mental illness can be successfully proven as a ground for divorce, it shall be necessary that both of those physicians make affidavit that the patient is a person with mental illness at the time of the examination, and both affidavits shall be made a part of the permanent record of the divorce proceedings and shall create the prima facie presumption of incurable mental illness, such as would justify a divorce based on that ground. Service of process shall be made on the superintendent of the hospital or institution in which the defendant is a patient. If the patient is in a hospital or institution outside the state, process shall be served by publication, as in other cases of service by publication, together with the sending of a copy by registered mail to the superintendent of the hospital or institution. In addition, process shall be served upon the next blood relative and guardian, if any. If there is no legal guardian, the court shall appoint a guardian ad litem to represent the interest of the person with mental illness. The relative or guardian and superintendent of the hospital or institution shall be entitled to appear and be heard upon any and all issues. The status of the parties as to the support and maintenance of the person with mental illness shall not be altered in any way by the granting of the divorce.

However, in the discretion of the chancery court, and in those cases as the court may deem it necessary and proper, before any such decree is granted on the ground of incurable mental illness, the complainant, when ordered by the court, shall enter into bond, to be approved by the court, in such an amount as the court may think just and proper, conditioned for the care and keeping of the person with mental illness during the remainder of his or her natural life, unless the person with mental illness has a sufficient estate in his or her own right for that purpose.

First, primary physical custody means the person who is going to have the children most of the time.  The other person usually has visitation rights.

Assuming that you are getting a contested divorce in Mississippi (in other words, you and your spouse do not agree) then a number of different things a Judge looks at to determine who gets primary physical custody of the children.

Some of these things are:

*Age of the child

* Health and sex of the child

* Which parent had continuing care of the child prior to the separation

*Which parent has the best parenting skills

*Which parent has the willingness and capacity to provide primary child care

*Employment responsibilities of the parents

*Physical and mental health and age of the parents

*Emotional ties of parent and child

* Moral fitness of parents

* Home, school, and community record of the child

*Preference of the child at an age sufficient by law to express such a preference

*Stability of the home environment and employment of each parent.

As you can see, in an Ocean Springs, Mississippi, divorce, figuring out who gets primary physical custody of the children in a divorce can get very complicated.

Now, do yourself a favor, download and read this case from the Mississippi Supreme Court about child custody in a divorce.  Some of it is legal mumbo jumbo but some of it is just plain common sense.

Click on the case below to download it.

Ocean Springs Divorce Lawyer Attorney Mississippi Child Custody

No.  You do not automatically get the kids just because they are young and you are the Mother.

Let me give you the legal mumbo jumbo first:

Historically, “the tender-years doctrine has traditionally provided that if a child is of such tender age as to require the mother’s care for his or her physical welfare, he or she should be awarded to the mother’s custody.”  McCarty v. McCarty , 52 So. 3d 1221, 1228 (Miss. Ct. App. 2011).

The present state of the doctrine:

Prior to the 1980s, our Supreme Court “held that if the mother of a child of tender years … is … fit, then she should have custody.”  Law v. Page , 618 So. 2d 96, 101 (Miss. 1993). However, “over the years, the tender-years doctrine has been diminished and is now only a presumption.”  Smith v. Smith , 206 So. 3d 502, 513 (Miss. 2016). “The doctrine is ‘even less binding when the child is male.” Id.

Today, “age is only one of several factors to be considered” under the Albright case.  Embrey v. Young, 337 So.3d 247 (Miss. App. 2021).

So what does all this legal mumbo jumbo mean?

It means that there is a presumption that if you are the Mother and the kids are very young, you should get custody.  In the Embrey case, the child was only two years old at the time of trial and the Mother was breastfeeding so the presumption she should get custody was in her favor.

So, again, read the Albright case in the other frequently asked question about this.

Yes.  A parent who was more involved in school activities should be favored. Tritle v. Tritle, 956 So. 2d 369, 375 (Miss. Ct. App. 2007).

Yes.  If a parent routinely takes the child to the doctor then this parent should be favored.  Klink v. Brewster, 986 So. 2d 1060, 1064 (Miss. Ct. App. 2008).

Not necessarily.  Does your mental health affect your ability to care for the kids?  If it does, then it is more likely this will weigh against you (remember, there are lots of factors the Judge considers on who gets custody).  In other words, the fact that you have experienced mental or emotional problems does not prevent you from getting custody UNLESS your present ability to care for the kids is affected.  Garner v. Garner 283 So. 3d 120, 136 (Miss. 2019).

Probably.  If you are going to test positive for drugs, it is very likely that the Judge will either not give you primary physical custody (this is where you have the kids most of the time) or if you already have the kids, it is very likely the Judge will take them from you.

The bottom line?  The bottom line is do NOT lie about testing positive for drugs.  This the WORST thing you can do.  Just tell the truth about it.  If you have any hope of getting the kids back or getting primary physical custody after testing positive, it is probably completely lost if you lie to the Judge.

It depends greatly on what the arrest was for.  If you were arrested for failing to pay parking tickets, then this is obviously highly unlikely.  On the other hand, if you were arrested for possession of illegal drugs, then it is very likely that you will not get primary physical custody of the kids or if you have the kids already, then you will probably lose custody.

The bottom line?  The bottom line is just don’t get arrested.  It creates headaches that may be incurable.

Let me give you the legal “mumbo jumbo” first from the Mississippi Court of Appeals and then I will give it to you in English. The Court said, “In determining whether a material change in circumstances has occurred, the totality of the circumstances must be considered by the chancellor. Cantin v. Cantin, 78 So.3d 943, 948 (Miss.Ct.App.2012) (citation omitted). “[O]nly parental behavior that poses a clear danger to the child’s mental or emotional health can justify a custody change.” Sullivan, 102 So.3d at 1197.

What this means is, it does not matter if you have changed your life and become a better person. If your “ex” has not done something that poses a “clear danger” to the child, then the Court will not grant you primary physical custody. You can get visitation if you have changed your life but you cannot get primary physical custody.

Click on the link below to read the case about material change.

Ocean Springs Divorce Lawyer Material Change

But, don’t forget to read “Part 2” and “Part 3” of our FAQ for changing custody when a Court has already entered a custody Order.

Now, it can be hard to change custody if a Judge already entered a custody Order.  See the above FAQ for why.

But, it is not impossible.

There are circumstances where a Court will change custody.

But, this case is an example of why the facts are so important in every case.

Click on moving with kids and see what happens.

As always, the FACTS are INCREDIBLY IMPORTANT in every case.  What do I mean?  See below for what the Mississippi Supreme Court has said about changing a divorce Order.

We recognize that a valid contract may be reformed in some instances where a mistake has been made. Allison v. Allison, 203 Miss. 15, 20, 33 So. 2d 289, 291 (1948).  The general rule in this state and elsewhere is that reformation of a contract is justified only (1) if the mistake is a mutual one, or (2) where there is a mistake on the part of one party and fraud or inequitable conduct on the part of the other. However, “[t]he mistake that will justify a reformation must be in the drafting of the instrument, not in the making of the contract.” Johnson v. Consolidated Amer. Life Ins. Co., 244 So.2d 400, 402 (Miss. 1971).

In this case, neither side claims that the mistake is due to a scrivener’s error.  Ivison v. Ivison, 762 So.2d 329 (Miss. 2000).

What’s all this legal mumbo jumbo mean?

It means the divorce order can be re-written if there was some sort of mistake, fraud, bad conduct, or a scrivener’s error (an error when writing the divorce order or property settlement).

Does the Court where you want to file the modification have jurisdiction?

Jurisdiction just means does the Court have the power to make the decision?

In other words, are you in the right location?

Let us assume that you had a kid and were divorced Lafayette County, Mississippi.

Subsequently, both you and your “ex” moved to Harrison County, Mississippi or Jackson County, Mississippi.

Where can you file a Petition to Modify Custody?

Is it in Lafayette County or Harrison or Jackson County.

This is actually a complicated question.

The answer, in part, is contained with in Section 93-11-65 of the Mississippi Code, which says, in pertinent part, “In addition to the right to proceed under Section 93-5-23, Mississippi Code of 1972. . .the chancery court of the proper county shall have jurisdiction to entertain suits for the custody, care, support and maintenance of minor children and to hear and determine all such matters. . .All actions herein authorized may be brought in the county where the child is actually residing, or in the county of the residence of the party who has actual custody, or of the residence of the defendant.”

We also have to look at the UCCJEA which is the Uniform Child Custody Jurisdiction and Enforcement Act.  Section 93-23-5 of the Mississippi Code explains this and states, in pertinent part, ” This also pertains to modification.  Our Supreme Court has held, “We have several times reaffirmed the principle that under the UCCJA, the chancery court may decline to exercise its continuing jurisdiction if it is determined there is a more convenient forum.” Johnson v. Ellis, 621 So.2d 661 (Miss. 1993).

Since everyone is in Harrison or Jackson County, Mississippi, this would clearly be more convenient for the parties.

We also have to look at Rule 82(e) of the Mississippi Rules of Civil Procedure, which says, in pertinent part, “With respect to actions filed in an appropriate venue where venue is not otherwise designated or limited by statute, the court may, for the convenience of the parties and witnesses or in the interest of justice, transfer any action or any claim. . .to any court.”

What does this legal mumbo jumbo mean?

It means you can file suit where the child is living OR you can file suit wherever the person is living who has actual custody OR you can file suit in the residence of the defendant.

If you are getting a divorce in Ocean Springs, Mississippi, if you get primary physical custody of the kids, your spouse is required by law to pay child support for each child you have.

This amount can vary so this is not an exact answer for everyone in Mississippi.

Instead, it is just a guideline.

Section 43-19-101 of the Mississippi Code provides the guidelines for child support.

If you have 1 child, it recommends that 14% of the adjusted gross income be awarded.

If 2 children, 20% and so on.

Child support can depend upon a number of different things.

You can click on 43-19-101 below to read the statute passed by the Mississippi Legislature on child support.

Ocean Springs Divorce Lawyer Mississippi Child Support

And here’s a case from the Mississippi Supreme Court about child support that you should read:

Ocean Springs Mississippi Divorce Attorney Child Support

There is a Mississippi statute that sets out “guidelines” for how much people should pay for child support.  It is Section 43-19-101 of the Mississippi Code.  It says that if you make less than $5,000.00 per month, the Court is required to make a “written finding in the record as to whether or not the application of the guidelines established in this section is reasonable.”

Here is the legal mumbo-jumbo:

After classification and valuation, chancellors must equitably divide the marital property in accordance with the factors dictated in Ferguson v. Ferguson, 639 So. 2d 921, 928 (Miss. 1994).  The factors are:

(1) Substantial contribution to the accumulation of the property.

Factors to be considered in determining contribution are as follows:

(a) direct or indirect economic contribution to the acquisition of the property;

(b) contribution to the stability and harmony of the marital and family relationships as measured by quality, quantity of time spent on family duties and duration of the marriage; and,

(c) contribution to the education, training, or other accomplishment bearing on the earning power of the spouse accumulating the assets;

(2) The degree to which each spouse has expended, withdrawn, or otherwise disposed of marital assets and any prior distribution of such assets by agreement, decree, or otherwise;

(3) The market value and the emotional value of the assets subject to distribution;

(4) The value of assets not ordinarily, absent equitable factors to the contrary, subject to such distribution, such as property brought to the marriage by the parties and property acquired by inheritance or inter vivos gift by or to an individual spouse;

(5) Tax and other economic consequences, and contractual or legal consequences to third parties, of the proposed distribution;

(6) The extent to which property division may, with equity to both parties, be utilized to eliminate periodic payments and other potential sources of future friction between the parties;

(7) The needs of the parties for financial security with due regard to the combination of assets, income, and earning capacity; and,

(8) Any other factor which in equity should be considered.

The case you should read about property division in a divorce in Mississippi is:

Ocean Springs Mississippi Divorce Attorney Property Divided

Yes, it does matter who is at fault when dividing property in a Mississippi divorce.  The Ferguson factors, the case I talked about with you above, matter and are considered by the Judge.  But, the Judge must also consider who is at fault for the divorce.  The Courts have said that “marital misconduct is a viable factor entitled to be given weight by the chancellor [the Judge] when the misconduct places a burden on the stability and harmony of the martial and family relationship.”  In other words, if you are at fault for the divorce, you’ll likely get less money or less percentage of the sale of marital property, etc.

No.

If you are getting a divorce in Mississippi, you may or may not receive alimony.

Alimony depends upon a number of different things.

Here’s a few things:

(1) the income and expenses of the parties;

(2) the health and earning capacities of the parties;

(3) the needs of each party;

(4) the obligations and assets of each party;

(5) the length of the marriage;

(6) the presence or absence of minor children in the home;

(7) the age of the parties;

(8) the standard of living of the parties;

(9) the tax consequences of the support decree;

(10) fault or misconduct;

(11) wasteful dissipation of assets by either party; and,

(12) any other factor deemed to be fair and equitable.

Here is a case from the Mississippi Supreme Court that you should read on alimony:

Ocean Springs Divorce Attorney Alimony Mississippi

It would be very unlikely that any Judge in Mississippi would let you do this.  Remember, the Armstrong v. Armstrong case I talked about in regards to the alimony question above?  Read it again.  In that case, Stanley was married to Nina for 21 years.  They had two kids together.  Stanley committed adultery.  Nina was mostly a stay-at-home Mother during the marriage.  Stanley made more money than Nina.  So the Mississippi Supreme Court said, in a bunch of legal mumbo jumbo, that Stanley can’t just abandon Nina and give her little to nothing for a very short time.

So what is the bottom line?  The bottom line is you just can’t abandon your stay-at-home spouse after decades of marriage and think you are going to pay them nothing.  You will pay something.  The only question is how much are you going to pay.

Here is the legal mumbo jumbo:

The Court will look at the following factors:

1.  Substantial contribution to accumulation of total wealth of the payor either by quitting a job to become a housewife, or you assist in the spouse’s business.
2. A long marriage.
3. Where recipient spouse has no separate income or the separate income is meager by comparison.
4. The single most important factor is the disparity of the separate estates.

Here’s the legal mumbo jumbo from our Court of Appeals:

Rehabilitative alimony provides for a party who is trying to become self-supporting and prevents that party from becoming destitute while searching for a means of income.”  Voda v. Voda, 731 So. 2d 1152, 1155 (Miss. 1999).

Moreover, “[t]he primary purpose of rehabilitative alimony is to give the former spouse the opportunity to enter the work force.  Smith v. Smith, 25 So. 3d 369 (Miss. App. 2009).

So a trial judge will look at the Armstrong case to decide whether to give someone rehabilitative alimony.  Armstrong v. Armstrong, 618 So. 2d 1278, 1280 (Miss. 1993).

So here’s an example where the Mississippi Court of Appeals found that rehabilitative alimony was proper:

The chancellor provided the following findings (among others not listed) under the Armstrong factors when he granted Ms. Smith rehabilitative alimony:

(1) Dr. Smith was capable of making in excess of $300,000 per year while Ms. Smith had worked as a homemaker (at Dr. Smith’s insistence) and presently is a homemaker;

(2) Dr. Smith had significant earning capacity, while Ms. Smith would have to attend classes and renew professional licenses in order to become a nurse again;

(3) Ms. Smith had full custody and care of Coleman;

(4) Ms. Smith at age forty-three was assumed to be able to continue her present abilities; and,

(5) the couple shared an “unusually high standard of living” both during the marriage and presently.

A judge can look at giving you rehabilitative alimony because the purpose of it is to prepare you to reenter the work force, for example, when your kid reaches the age of eighteen.   Alexis v. Tarver, 879 So. 2d 1078, 1080 (Miss. Ct. App. 2004).

Yes.

Here’s the legal mumbo jumbo:

A divorce agreement is “no different from any other contract, and the mere fact that it is between a divorcing husband and wife, and incorporated in a divorce decree, does not change its character.”  East v. East, 493 So.2d 927, 931-32 (Miss.1986).  Similarly, in Bell v. Bell, 572 So.2d 841, 844 (Miss.1990), we held that when parties in a divorce proceeding have reached an agreement that a chancery court has approved, we will enforce it, absent fraud or overreaching, and we take a dim view of efforts to modify it just as we do when persons seek relief from improvident contracts.

In Ivison v. Ivison, 762 So. 2d, 329, (Miss. 2000), the Court held, Herb and Leigh entered into a court-approved contract regarding the disposition of their marital property, including the former marital residence and the mortgage payment associated with such property. No evidence of fraud or overreaching exists.

A “court is obligated to enforce a contract executed by legally competent parties where the terms of the contract are clear and unambiguous.” Merchants & Farmers Bank v. State ex rel. Moore, 651 So.2d 1060, 1061 (Miss. 1995). As stated in Delta Pride Catfish, Inc. v. Home Ins. Co., 697 So.2d 400, 404 (Miss.1997), the parties are bound by the language of the contract where a contract is unambiguous. “The mere fact that the parties disagree about the meaning of a provision of a contract does not make the contract ambiguous as a matter of law.” Id.

When a contract is clear and unambiguous, this Court “is not concerned with what the parties may have meant or intended but rather what they said, for the language employed in a contract is the surest guide to what was intended.” Shaw v. Burchfield, 481 So.2d 247, 252 (Miss.1985). When this Court interprets a contract, we “look to the contract for its meaning, not what a party thereto may have thought it meant.

The standard is objective, measured by the language of the contract, not by the subjective intent or belief of a party which conflicts with meaning ascertained by the objective standard.” Landry v. Moody Grishman Agency, Inc., 254 Miss. 363, 375, 181 So.2d 134, 139 (1965). We are “concerned with what the contracting parties have said to each other, not some secret thought of one [that was] not communicated to the other.” Mississippi State Highway Comm’n v. Patterson Enters., Ltd., 627 So.2d 261, 263 (Miss.1993).

“In this case, the divorce agreement has a specific clause which states that ‘this is the whole and only Agreement between the parties and shall not be modified or varied by parol evidence.’…” Ivison v. Ivison, 762 So. 2d 329 (Miss. 2000).

In English, this means: an agreement to divorce and a property settlement agreement are contracts.  This means READ CAREFULLY what you sign BEFORE you sign it because you can’t later introduce evidence of prior agreements or negotiations.  Once you sign it, you’re bound by the agreement and it must be followed.

Are there exceptions to being bound by a contract?  Yes, but those are exceptions.  It is BEST not to get yourself in that situation in the first place.

If you cannot pay child support, do not mess around with this.

Get a lawyer, whether it is me or someone else.

Why?

You could end up getting held in contempt of Court.

The Judge could make you pay your “ex’s” attorney fees, court costs, etc.

You will make a bad situation turn into a nightmare.

Read more about this by clicking on child support payments.

But, real quickly what’s the bottom line?

Our Appellate Courts have said this a bunch: if you cannot pay, you must prove you cannot pay.

Not only must you prove you cannot pay, you must do it immediately.

Do not wait.

If you wait, you will lose.

One of the first cases talking about this is Shelton v. Shelton, 653 So. 2d 283, 286-287 (Miss. 1995), which says,

“Whether a party is in contempt of court is left to the chancellor’s substantial discretion. Cumberland v. Cumberland, 564 So.2d 839, 845 (Miss.1990). However, clear and convincing proof is required.  Id.   When a party is unable to pay court ordered support, the proper action for him to take is to promptly file for a modification of support.  When this course of action is followed, a finding of contempt is not proper.  Cumberland, Page 28764 So.2d at 847; Thurman v. Thurman, 559 So. 2d 1014, 1016-17 (Miss.1990).  When a party fails to take this course of action, he must “make out a clear case of inability.”  Duncan v. Duncan, 417 So.2d 908, 908 (Miss.1982).  Where substantial evidence supports the chancellor’s finding that payments could have been made, this Court will not reverse.  Rainwater v. Rainwater, 236 Miss. 412, 421, 110 So. 2d 608, 611 (1959).

Separate maintenance is relief created by the Court.  It is a judicial command to the spouse to resume cohabitation.  If your spouse fails to resume cohabitation, the Court may require your spouse who left the marital home to pay money, i.e., pay money by keeping the spouse who remained in the marital home in the same lifestyle.  In other words, the law says you cannot just abandon your spouse and leave them destitute for no good reason.

1.  A separation without fault on the part of the wife or husband; and,
2. The wife or husband’s willful abandonment of the wife or husband with a refusal to provide support.  Jackson v. Jackson, 114 So. 3d 768 (Miss. Ct. App. 2013).  You can read a decision from the Mississippi Court of Appeals on this by clicking on this link: Ocean Springs Divorce Lawyer Separate Maintenance

The Judge can put your spouse in the same standard of living just as if you still lived in the marital home.

You can prove it by showing that your spouse contributed to the separation by cursing you, failing to have sexual relations with you, showing that the spouse in the martial home does not want to reconcile with you, etc.

1.  the health of husband and the wife;
2. their combined earning capacity;
3. the reasonable needs of the wife and children;
4. the necessary living expenses of the husband;
5. the fact that the wife has free use of the home and furnishings; and,
6. other such facts and circumstances bearing on the subject that might be shown by the evidence.  Honts v. Honts, 690 So. 2d 1151, 1153 (Miss. 1997).  You can read Honts by clicking on Ocean Springs Divorce Lawyer 6 Factors For The Amount of Separate Maintenance

There are certain things that allow you to get an annulment in Mississippi.

Here is the legal mumbo jumbo:

1.  Incurable impotency.
2.  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.
3. 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.
4.  Or, in the absence of ratification: 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.
5. Pregnancy of the wife by another person, if the husband did not know of the pregnancy.
6. All bigamous or incestuous marriages are void, and a declaration of nullity may be obtained at the suit of either party.

TIME DEADLINE: 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.

This is per Section 93-7-1 and 93-7-3 of the Mississippi Code.

No.