Marriage Law Mississippi

The marriage law in Mississippi is governed by the Title 93 of the Mississippi Code as revised from time to time. The code, enunciate the complete procedure of marriage in the state.

INCESTUOUS AND VOID MARRIAGES

The son shall not marry his grandmother, his mother, or his stepmother; the brother his sister; the father his daughter, or his legally adopted daughter, or his grand-daughter; the son shall not marry the daughter of his father begotten of his stepmother, or his aunt, being his father's or mother's sister, nor shall the children of brother or sister, or brothers and sisters intermarry being first cousins by blood.

The father shall not marry his son's widow; a man shall not marry his wife's daughter, or his wife's daughter's daughter, or his wife's son's daughter, or the daughter of his brother or sister; and the like prohibition shall extend to females in the same degrees. All marriages contrary to above are incestuous and void.

Any marriage between persons of the same gender is prohibited and null and void from the beginning. Any marriage between persons of the same gender that is valid in another jurisdiction does not constitute a legal or valid marriage in Mississippi.

MARRIAGE LICENSE

The circuit court clerk issue a marriage license after the following conditions precedent have been complied with:

1. Parties desiring a marriage license shall make application therefor in writing to the clerk of the Circuit Court of any county in the state of Mississippi.
2. If the female applicant shall be under the age of twenty-one (21) years and shall be a resident of the state of Mississippi, said application shall be made to the circuit court clerk of the county of residence of such female applicant. Said application shall be forthwith filed with the circuit court clerk and shall include the names, ages and addresses of the parties applying;
   1. the names and addresses of the parents of the parties applying,
   2. if no parents, then names and addresses of the guardian or next of kin;
   3. the signatures of witnesses; and
   4. any other data which may be required by law or the Mississippi State Board of Health.
   5. The application shall be sworn to by both applicants.

The application shall remain on file, open to the public, in the office of the circuit court clerk for a period of three (3) days before the clerk is authorized to issue the marriage license.

An affidavit showing the age of both applying parties shall be made by either the father, mother, guardian or next of kin of each of the contracting parties and filed with the clerk of the circuit court along with the application.

A medical certificate dated within thirty (30) days prior to the application shall be presented to the circuit court clerk showing that the applicant is free from syphilis, as nearly as can be determined by a blood test performed in a laboratory approved by the state board of health.

DOCUMENTS REQUIRED AND FEES TO BE PAID

The following documents are required for applying the marriage license:

1. birth certificates,
2. tax information,
3. Social Security card
4. a proof of identification and age (Picture id such as Drivers License),
5. any information about previous marriages

A fee of $22 is to be paid in cash only at the time of applying for marriage license.

PERSONS AUTHORIZED TO SOLEMNIZE MARRIAGE

1. The following persons are authorized by the law of the State to solemnize marriage:
2. Any minister of the gospel ordained according to the rules of his church or society, in good standing;
3. any Rabbi or other spiritual leader of any other religious body authorized under the rules of such religious body to solemnize rites of matrimony and being in good standing;
4. any judge of the Supreme Court, Court of Appeals, circuit court, chancery court or county court may solemnize the rites of matrimony between any persons anywhere within this state who shall produce a license granted as herein directed.
5. Justice court judges and members of the boards of supervisors may likewise solemnize the rites of matrimony within their respective counties.

SOLEMNIZATION OF MARRIAGE

It shall be lawful for a pastor of any religious society in this state to join together in marriage such persons of the society to whom a marriage license has been issued, according to the rules and customs established by the society.