Best Marriage Lawyers in Mississippi

About Marriage Law in Mississippi, United States

Marriage law in Mississippi governs how individuals can legally marry and what rights and responsibilities are attached to marriage. The laws control eligibility, how licenses are obtained, solemnization procedures, and the recognition of marriages. Mississippi recognizes marriage as a contract between two consenting parties, subject to specific legal requirements set by state law.

Why You May Need a Lawyer

Many situations can arise where legal advice is crucial in the context of marriage. Common reasons include resolving complex prenuptial agreements, handling marriage license issues, navigating disputes or annulments, and seeking clarity on marital property rights or alimony. A lawyer can also provide advice on second marriages, blended families, or if one partner is underage or from out-of-state or another country. Legal professionals ensure your rights are protected and that you comply with all state requirements, especially in unique or contested circumstances.

Local Laws Overview

Mississippi has specific laws that regulate marriage:

• Legal Age: The legal age to marry is 21. Males aged 17 and females aged 15 can marry with parental consent. Persons younger than these ages generally cannot marry without special court approval.
• Marriage License: Both parties must apply in person at a county circuit clerk's office. Proof of age is required. There is no waiting period for residents, but a three-day waiting period for non-residents, and no blood test is needed.
• Prohibited Marriages: Mississippi does not allow marriage between close relatives or those already married to others. Same-sex marriage is legal due to federal law.
• Prenuptial Agreements: Couples can enter into prenuptial agreements, but they must be in writing and signed by both parties to be valid.
• Common Law Marriage: Mississippi does not recognize common law marriages entered after 1956.
• Annulment and Divorce: The state provides for annulment and divorce under specific grounds such as fraud, impotence, or failure to disclose information, as well as no-fault divorce based on irreconcilable differences.

Frequently Asked Questions

Who can legally marry in Mississippi?

Any two unmarried and consenting adults aged 21 and over, or minors meeting the specific age and parental consent requirements, can marry in Mississippi. Same-sex couples also have the right to marry.

What documents do I need to get a marriage license?

Applicants need a valid photo ID, proof of age like a birth certificate, and any documentation of previous marriages or divorces for verification purposes.

How long is a marriage license valid in Mississippi?

Marriage licenses are valid immediately upon issuance and do not expire as long as the ceremony is performed in Mississippi.

Is there a waiting period after getting the marriage license?

There is no waiting period for Mississippi residents. Non-residents may have a three-day waiting period.

Are blood tests required to get a marriage license?

No, Mississippi does not require blood tests for marriage licenses.

Can relatives marry in Mississippi?

No, marriages between close relatives such as siblings, parent and child, uncle and niece, or aunt and nephew are prohibited.

Does Mississippi recognize common law marriage?

Only common law marriages formed prior to 1956 are recognized. No new common law marriages can be established in Mississippi.

Can minors marry in Mississippi?

Females as young as 15 and males as young as 17 can marry with parental consent. Marriage at a younger age is only possible with a court order.

Are same-sex marriages legal in Mississippi?

Yes, same-sex marriages are legal throughout Mississippi in compliance with federal law.

Do I need a lawyer to create a prenuptial agreement?

While not legally required, it is strongly advised that each party has a lawyer to ensure the prenuptial agreement is valid, enforceable, and protects both parties’ interests.

Additional Resources

For further help or information about marriage law in Mississippi, the following resources are available:

• Mississippi Department of Health: Provides marriage license regulations and county contact details.
• Mississippi Bar Association: Offers lawyer directories and general legal guidance.
• Local County Circuit Clerk's Office: Processes marriage licenses and maintains official records.
• Legal Aid Organizations: Assist those who qualify based on income or special circumstances.
• Family Law Attorneys: Professionals specializing in marriage, divorce, and prenuptial agreements.

Next Steps

If you need legal assistance related to marriage in Mississippi, start by identifying your specific concern, such as licensing, prenuptial agreements, or family law matters. Gather all relevant documentation like identification and previous marriage records. Consult with a licensed family law attorney familiar with Mississippi law for advice tailored to your situation. For general guidance or referral to a specialist, you may also contact your local bar association or legal aid service. By taking these steps, you can better understand your rights, avoid common legal pitfalls, and ensure your marriage is recognized by law.