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The grounds for annulment based on legal capacity typically include physical disability, preexisting marriage, and nonage (being under the legal age of consent). However, fraud is not considered a legal capacity ground for annulment.

You don't need the agreement of both parties for an annulment to happen, but you do need persuasive evidence to prove to the courts why your marriage should be declared null and void.

Legal reasons a judge can annul a marriage You were under 18 at the time of the marriage. You were tricked into the marriage (fraud) You didn't have the mental capacity to marry (unsound mind) One of you is physically unable to consummate marriage. One of you is still married to someone who you thought was dead, but isn't.

To justify annulment, there must be a defect in the marriage contract—e.g., incompetence of one party because of age, insanity, or a pre-existing marriage. Continued absence of one party also justifies annulment. Thus, in some places, one party may get an annulment if the other is sentenced to a long prison term.

At the time of the marriage, either party was already legally married. At the time of the marriage, either party was ruled incapacitated, incapable of making the decision to marry. At the time of the marriage, either spouse was a minor and did not have parental or court permission to marry.

A divorce does not abrogate marital immunities for actions that took place during the marriage, while an annulment would generally make it possible to bring criminal prosecutions or sue the other spouse for conduct that occurred during the putative marriage.

Upon issuance of an annulment decree by a Mississippi Chancery Court, a marital union between two persons is declared to be null and void under the law, and such persons are returned to their unmarried status. This ramification is one of the major differences between an annulment and a divorce.

An annulment (or nullity) is when a judge says in a court order that your marriage or domestic partnership is not legally valid. This means something was legally wrong with the marriage from the start. If you get an annulment, it's like your marriage never happened because it was never legal.

If you base your annulment on physical incapacity, age, or force, you have four years to file. If a marriage is invalid due to fraud, you have four years from the time you discover the fraud. You can file an annulment based on existing marriages or unsound mind(s) at any time.