Legal Question in Family Law in Mississippi

Legally married?

I obtained a marriage license from Harrison County - Biloxi, MS in the early 70's. There was never a ceremony performed. I looked on the marriage data base and it shows that there is no date of marriage. I have live with this man for 30 + years and now have been seperated from him for over 2 years. We both want to go on with our lives, but want to know if we have to get a divorce or were ever legally married? I have been told that we were never legally married, therefore, no divorce is needed. Is this true? If so, will we need some legal document stating so? and if so - what document would that be and where would it be obtained?


Asked on 5/04/09, 12:53 pm

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: Legally married?

In Pittman v. Pittman 909 So.2d 148 (Miss.App. 2005)the couple had a void marriage because the justice court judge held the marriage ceremony outside his jurisdiction, and the Court of Appeals indicated that the parties could settle their property issues on the equitable basis called "joint venture". Additionally, the court held that the Chancery Court should address making a determination about the paternity of any children born to the couple.

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Answered on 5/06/09, 11:58 am


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