reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 3 - HUSBAND AND WIFE (§§ 93-3-1 — 93-3-13) › Section 93-3-1 - Disability of coverture abolished; cause of action for loss of consortium of husband

Married women are fully emancipated from all disability on account of coverture; and the common law as to the disabilities of married women and its effect on the rights of property of the wife, is totally abrogated, and marriage shall not impose any disability or incapacity on a woman as to the ownership, acquisition, or disposition of property of any sort, or as to her capacity to make contracts and do all acts in reference to property which she could lawfully do if she were not married. Every woman not married, or hereafter to be married shall have the same capacity to acquire, hold, manage, control, use, enjoy and dispose of all property, real and personal, in possession or expectancy, and to make any contract in reference to it, and to bind herself personally, and to sue and be sued, with all the rights and liabilities incident thereto, as if she were not married. A married woman shall have a cause of action for loss of consortium through negligent injury of her husband.
Codes, 1880, § 1167; 1892, § 2289; 1906, § 2517; Hemingway's 1917, § 2051; 1930, § 1940; 1942, § 451; Laws, 1968, ch. 304, § 1, eff. 5/27/1968.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 3 - HUSBAND AND WIFE (§§ 93-3-1 — 93-3-13) › Section 93-3-3 - May sue each other

Husband and wife may sue each other.
Codes, 1880, § 1168; 1892, § 2290; 1906, § 2518; Hemingway's 1917, § 2052; 1930, § 1941; 1942, § 452.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 3 - HUSBAND AND WIFE (§§ 93-3-1 — 93-3-13) › Section 93-3-5 - Dower and curtesy abolished

Dower and curtesy, as heretofore known, are abolished.
Codes, 1880, § 1170; 1892, § 2291; 1906, § 2519; Hemingway's 1917, § 2053; 1930, § 1942; 1942, § 453.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 3 - HUSBAND AND WIFE (§§ 93-3-1 — 93-3-13) › Section 93-3-7 - Restrictions on contracts between husband and wife

Husband and wife shall not contract with each other, so as to entitle the one to claim or receive any compensation from the other for work and labor, and any contract between them whereby one shall claim or shall receive compensation from the other for services rendered, shall be void. It shall not be lawful for the husband to rent the wife's plantation, houses, horses, mules, wagons, carts, or other implements, and with them, or with any of her means, to operate and carry on business in his own name or on his own account, but all business done with the means of the wife by the husband shall be deemed and held to be on her account and for her use, and by the husband as her agent and manager in business, as to all persons dealing with him without notice, unless the contract between the husband and wife which changes this relation, be evidenced by writing, subscribed by them, duly acknowledged, and filed with the chancery clerk of the county where such business may be done, to be recorded as other instruments.
Codes, 1880, § 1177; 1892, § 2293; 1906, § 2521; Hemingway's 1917, § 2055; 1930, § 1943; 1942, § 454.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 3 - HUSBAND AND WIFE (§§ 93-3-1 — 93-3-13) › Section 93-3-9 - Validity of conveyance or lease between spouses

A transfer or conveyance of goods and chattels, or lands, or any lease of lands, between husband and wife, shall not be valid as against any third person, unless the transfer or conveyance be in writing and acknowledged and filed for record as a mortgage or deed of trust is required to be. Possession of the property shall not be equivalent to filing the writing for record, but, to affect third persons, the writing must be filed for record.
Codes, 1880, § 1178; 1892, § 2294; 1906, § 2522; Hemingway's 1917, § 2056; 1930, § 1944; 1942, § 455; Laws, 1900, ch. 90.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 3 - HUSBAND AND WIFE (§§ 93-3-1 — 93-3-13) › Section 93-3-11 - [Repealed]

Codes, 1942, § 455.5; Laws, 1962, ch. 277, § 1; Laws, 1968, ch. 305, § 1, eff. 8/7/1968.
Repealed by Laws, 2023, ch. 507, SB 2073,§ 11, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 3 - HUSBAND AND WIFE (§§ 93-3-1 — 93-3-13) › Section 93-3-13 - Liability of husband for property or income of wife

If the husband receive and appropriate to his own use the property of his wife, or the income and profit of her property, he shall be debtor to his wife therefor; but neither he nor his representatives shall be accountable to his wife for the income or profits of her estate, after the expiration of one year from the receipt of such income or profits. If the husband be permitted by the wife to employ the income or profits of her estate, or to use her estate in the support and maintenance of the family, he shall not be chargeable therewith nor be liable to account therefor.
Codes, 1880, § 1176; 1892, § 2292; 1906, § 2520; Hemingway's 1917, § 2054; 1930, § 1945; 1942, § 456.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 5 - DIVORCE AND ALIMONY (§§ 93-5-1 — 93-5-34) › Section 93-5-3 - Not mandatory to deny divorce because of recrimination

If a complainant or cross-complainant in a divorce action shall prove grounds entitling him to a divorce, it shall not be mandatory on any chancellor to deny such party a divorce, even though the evidence might establish recrimination on the part of such complainant or cross-complainant.
Codes, 1942, § 2735.5; Laws, 1964, ch. 297, eff. 4/24/1964.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 5 - DIVORCE AND ALIMONY (§§ 93-5-1 — 93-5-34) › Section 93-5-4 - Offended spouse's failure to leave marital domicile or separate from offending spouse no impediment to divorce

It shall be no impediment to a divorce that the offended spouse did not leave the marital domicile or separate from the offending spouse on account of the conduct of the offending spouse.
Laws, 1976, ch. 451, § 2, eff. 7/1/1976.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 5 - DIVORCE AND ALIMONY (§§ 93-5-1 — 93-5-34) › Section 93-5-5 - Residence requirements for divorce

The jurisdiction of the chancery court in suits for divorce shall be confined to the following cases:
(a)
Where one (1) of the parties has been an actual bona fide resident within this state for six (6) months next preceding the commencement of the suit. If a member of the armed services of the United States is stationed in the state and residing within the state with his spouse, such person and his spouse shall be considered actual bona fide residents of the state for the purposes of this section, provided they were residing within the state at the time of the separation of the parties.
(b)
In any case where the proof shows that a residence was acquired in this state with a purpose of securing a divorce, the court shall not take jurisdiction thereof, but dismiss the bill at the cost of complainant.
Codes, 1892, § 1567; 1906, § 1675; Hemingway's 1917, § 1417; 1930, § 1415; 1942, § 2736; Laws, 1966, ch. 362, § 1; Laws, 1977, ch. 311, eff. 7/1/1977.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 5 - DIVORCE AND ALIMONY (§§ 93-5-1 — 93-5-34) › Section 93-5-7 - Conduct of divorce proceedings

The proceedings to obtain a divorce shall be by complaint in chancery, and shall be conducted as other suits in chancery, except that (1) the defendant shall not be required to answer on oath; (2) no judgment by default may be granted but a divorce may be granted on the ground of irreconcilable differences in termtime or vacation; (3) admissions made in the answer shall not be taken as evidence; (4) the clerk shall not set down on the issue docket any divorce case unless upon the request of one (1) of the parties; (5) the plaintiff may allege only the statutory language as cause for divorce in a separate paragraph in the complaint; provided, however, the defendant shall be entitled to discover any matter, not privileged, which is relevant to the issues raised by the claims or defenses of the other; (6) the court shall have full power in its discretion to grant continuances in such cases without the compliance by the parties with any of the requirements of law respecting continuances in other cases; and (7) in all cases, except complaints seeking a divorce on the ground of irreconcilable differences, the complaint must be accompanied with an affidavit of plaintiff that it is not filed by collusion with the defendant for the purpose of obtaining a divorce, but that the cause or causes for divorce stated in the complaint are true as stated.
Codes, Hutchinson's 1848, ch. 34, art. 2 (2); 1857, ch. 40, art. 18; 1871, § 1773; 1880, § 1161; 1892, § 1568; 1906, § 1676; Hemingway's 1917, § 1418; 1930, § 1416; 1942, § 2737; Laws, 1922, ch. 233; Laws, 1924, ch. 151; Laws, 1958, ch. 272, § 2; Laws, 1974, ch. 556; Laws, 1976, ch. 451, § 3; Laws, 1991, ch. 573, § 129, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 5 - DIVORCE AND ALIMONY (§§ 93-5-1 — 93-5-34) › Section 93-5-9 - Minors as parties to divorce proceedings

A married minor may bring or defend a suit for divorce, separate maintenance and support, temporary maintenance or support, custody of children, or any other action involving marital rights without the necessity of a next friend or guardian ad litem, and a judgment in such cases shall be as effective as if the minor were an adult.
Codes, Hutchinson's 1848, ch. 34, art. 2 (2); 1857, ch. 40, art. 18; 1871, § 1773; 1880, § 1161; 1892, § 1568; 1906, § 1676; Hemingway's 1917, § 1418; 1930, § 1416; 1942, § 2737; Laws, 1922, ch. 233; Laws, 1924, ch. 151; Laws, 1958, ch. 272, § 2; Laws, 1991, ch. 573, § 130, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 5 - DIVORCE AND ALIMONY (§§ 93-5-1 — 93-5-34) › Section 93-5-11 - Filing of complaints; transfer of venue

All complaints, except those based solely on the ground of irreconcilable differences, must be filed in the county in which the plaintiff resides, if the defendant be a nonresident of this state, or be absent, so that process cannot be served; and the manner of making such parties defendants so as to authorize a judgment against them in other chancery cases, shall be observed. If the defendant be a resident of this state, the complaint shall be filed in the county in which such defendant resides or may be found at the time, or in the county of the residence of the parties at the time of separation, if the plaintiff be still a resident of such county when the suit is instituted.
A complaint for divorce based solely on the grounds of irreconcilable differences shall be filed in the county of residence of either party where both parties are residents of this state. If one (1) party is not a resident of this state, then the complaint shall be filed in the county where the resident party resides.
Transfer of venue shall be governed by Rule 82(d) of the Mississippi Rules of Civil Procedure.
Codes, Hutchinson's 1848, ch. 34, art. 2 (10); 1857, ch. 40, art. 21; 1871, § 1776; 1880, § 1164; 1892, § 1569; 1906, § 1677; Hemingway's 1917, § 1419; 1930, § 1417; 1942, § 2738; Laws, 1978, ch. 368, § 1; Laws, 1991, ch. 573, § 131; Laws, 2005, ch. 448, § 1, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 5 - DIVORCE AND ALIMONY (§§ 93-5-1 — 93-5-34) › Section 93-5-13 - Guardian ad litem

If the defendant is an infant or a person with mental illness, the court may appoint a guardian ad litem for the defendant.
Codes, 1857, ch. 40, art. 22; 1871, § 1777; 1880, § 1165; 1892, § 1570; 1906, § 1678; Hemingway's 1917, § 1420; 1930, § 1418; 1942, § 2739; Laws, 2008, ch. 442, § 26, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 5 - DIVORCE AND ALIMONY (§§ 93-5-1 — 93-5-34) › Section 93-5-15 - Guardian for spouse who becomes mentally ill may sue for divorce

From and after March 15, 1934, any marital contract previously or hereafter solemnized by and under which parties have been duly and legally married, and one (1) of the parties to the marriage contract has become or becomes mentally ill to such an extent that it is necessary for a guardian to be appointed for that party, and the other party to the marital contract has committed any act that constitutes ground for divorce under the present laws, the guardian for the party with mental illness to the contract of marriage shall have the right to file a bill as the guardian, in the name of his ward, for the dissolution of the marriage, in the same way and manner and at the same place and on the same process that the person with mental illness could have done, if he had not become mentally ill.
Codes, 1942, § 2740; Laws, 1934, ch. 306; Laws, 2008, ch. 442, § 27, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 5 - DIVORCE AND ALIMONY (§§ 93-5-1 — 93-5-34) › Section 93-5-17 - Proceedings to be had in open court

(1)
The proceedings to obtain a divorce shall not be heard or considered nor a judgment of divorce entered except in open court. A chancellor may, in his discretion, hear or consider proceedings to obtain a divorce in vacation and make and enter judgments of divorce in the same manner as he may in other cases that may be heard in vacation pursuant to Section
9-5-91
. Any judgment made or entered contrary to the provisions of this section shall be null and void.
(2)
The chancellor in vacation may, upon reasonable notice, hear complaints for temporary alimony, temporary custody of children and temporary child support and make all proper orders and judgments thereon.
(3)
As used in this section, the term "chancellor in vacation" shall include any chancellor who is holding court at any location in any county in his district.
Codes, Hutchinson's 1848, ch. 34, art. 2 (2); 1857, ch. 40, art. 18; 1871, § 1773; 1880, § 1161; 1892, § 1568; 1906, § 1676; Hemingway's 1917, § 1418; 1930, § 1420; 1942, § 2742; Laws, 1922, ch. 233; Laws, 1974, ch. 482; Laws, 1976, ch. 451, § 4; Laws, 1985, ch. 432; Laws, 1990, ch. 428, § 1; Laws, 1991, ch. 573, § 132, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 5 - DIVORCE AND ALIMONY (§§ 93-5-1 — 93-5-34) › Section 93-5-19 - Witnesses; depositions

In the trial of suits for divorce, witnesses may be summoned, and examined in open court, as in the trial of issues of fact in the circuit court, or depositions may be taken and read as in other cases and the parties shall be competent witnesses for or against each other.
Codes, 1880, § 1166; 1892, § 1571; 1906, § 1679; Hemingway's 1917, § 1421; 1930, § 1419; 1942, § 2741.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 5 - DIVORCE AND ALIMONY (§§ 93-5-1 — 93-5-34) › Section 93-5-21 - Exclusion of spectators from courtroom

The court may, in its discretion, exclude all persons from the court room during the trial except the officers of the court, attorneys engaged in the case, parties to the suit and the witness being examined.
Codes, 1880, § 1166; 1892, § 1571; 1906, § 1679; Hemingway's 1917, § 1421; 1930, § 1419; 1942, § 2741.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 5 - DIVORCE AND ALIMONY (§§ 93-5-1 — 93-5-34) › Section 93-5-25 - Effect of judgment of divorce

The judgment of divorce shall not render illegitimate the children begotten between the parties during lawful marriage; but if the judgment be rendered because one (1) of the parties was married to another at the time of the marriage or pretended marriage between the parties, it shall adjudge the marriage between the parties to have been invalid and void from the beginning and the issue thereof shall be illegitimate and subject to the disabilities of illegitimate children. And the judgment may provide, in the discretion of the court, that a party against whom a divorce is granted, because of adultery, shall not be at liberty to marry again; in which case such party shall remain in law as a married person. Provided, however, that after one (1) year, the court may remove the disability and permit the person to marry again, on petition and satisfactory evidence of reformation, or for good cause shown, on the part of the party so barred from remarriage; but the actions of the court under the foregoing proviso shall not be construed as affecting any judgment of divorce granted in any case where the discretion of the chancellor has been exercised in barring one (1) party from remarriage on account of adultery.
Codes, 1857, ch. 40, arts. 12, 14; 1871, § 1769; 1880, § 1158; 1892, § 1563; 1906, § 1670; Hemingway's 1917, § 1412; 1930, § 1422; 1942, § 2744; Laws, 1924, ch. 163; Laws, 1991, ch. 573, § 133, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 5 - DIVORCE AND ALIMONY (§§ 93-5-1 — 93-5-34) › Section 93-5-26 - Noncustodial parent's right of access to records and information pertaining to minor children

Notwithstanding any other provisions of law, except those provisions protecting the confidentiality of adoption records and except for cases in which parental rights have been legally terminated, access to records and information pertaining to a minor child, including but not limited to medical, dental and school records, shall not be denied to a parent because the parent is not the child's custodial parent if such parent's parental rights have not been terminated by adoption or by a termination of parental rights proceeding.
Laws, 1989, ch. 581, § 1, eff. 4/21/1989.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 5 - DIVORCE AND ALIMONY (§§ 93-5-1 — 93-5-34) › Section 93-5-27 - Marital rights cease with judgment of divorce

In all cases of divorce from the bonds of matrimony, the marital rights shall cease with the judgment.
Codes, 1930, § 1423; 1942, § 2745; Laws, 1924, ch. 163; Laws, 1991, ch. 573, § 134, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 5 - DIVORCE AND ALIMONY (§§ 93-5-1 — 93-5-34) › Section 93-5-29 - Divorced persons not to cohabit

If any person who shall be divorced on account of their being within the degrees prohibited by law, shall afterwards cohabit, they shall be liable to the pains and penalties provided by law against incest. If any persons who shall be divorced on account of a prior marriage, adultery, or other cause, shall afterwards cohabit, they shall be liable to all the pains provided by law against adultery.
Codes, Hutchinson's 1848, ch. 34, art. 2 (8, 9); 1857, ch. 40, art. 16; 1871, § 1771; 1880, § 1160; 1892, § 1566; 1906, § 1674; Hemingway's 1917, § 1416; 1930, § 1424; 1942, § 2746.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 5 - DIVORCE AND ALIMONY (§§ 93-5-1 — 93-5-34) › Section 93-5-31 - Judgment of divorce may be revoked

The judgment of divorce from the bonds of matrimony may be revoked at any time by the court which granted it, under such regulations and restrictions as it may deem proper to impose, upon the joint application of the parties, and upon the production of satisfactory evidence of their reconciliation.
Codes, 1857, ch. 40, art. 14; 1871, § 1769; 1880, § 1158; 1892, § 1564; 1906, § 1672; Hemingway's 1917, § 1414; 1930, § 1425; 1942, § 2747; Laws, 1991, ch. 573, § 135, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 5 - DIVORCE AND ALIMONY (§§ 93-5-1 — 93-5-34) › Section 93-5-33 - Statistical requirements

All complaints for divorce shall name the parties to the suit, when married, and the number and names of the living minor children born of the marriage. It shall be the duty of each chancery clerk in the state to make a report of each divorce granted in his county; and on forms furnished by the State Board of Health, to show the following information, as correctly as he is able to make such report: Names of parties; when married; state of residence; children under eighteen (18) in this family as of date couple last resided in same household; custody of children; and the page and book in which judgment is recorded. He shall certify to the said report and affix thereunto his seal, and he shall forward it to the State Board of Health within ten (10) days after adjournment of each term of court in his county. For his services in preparing and forwarding said records to the State Board of Health he shall receive the sum of Thirty-five Cents (35¢) for each completed record, to be taxed to costs in each divorce case as other fees are taxed.
Codes, 1906, § 1671; Hemingway's 1917, § 1413; 1930, § 1426; 1942, § 2748; Laws, 1928, ch. 132; Laws, 1989, ch. 511, § 5; Laws, 1991, ch. 573, § 136; Laws, 2002, ch. 385, § 1, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 7 - ANNULMENT OF MARRIAGE (§§ 93-7-1 — 93-7-13) › Section 93-7-1 - Annulment of void marriages

All bigamous or incestuous marriages are void, and a declaration of nullity may be obtained at the suit of either party.
Codes, 1942, § 2748-01; Laws, 1962, ch. 278, § 1, eff. 7/15/1962.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 7 - ANNULMENT OF MARRIAGE (§§ 93-7-1 — 93-7-13) › Section 93-7-3 - Causes for annulment of marriages

A marriage may be annulled for any one (1) of the following causes existing at the time of the marriage ceremony:
(a)
Incurable impotency.
(b)
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.
(c)
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.
Or, in the absence of ratification:
(d)
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.
(e)
Pregnancy of the wife by another person, if the husband did not know of the pregnancy.
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.
Codes, 1942, § 2748-02; Laws, 1962, ch. 278, § 2; Laws, 2008, ch. 442, § 28, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 7 - ANNULMENT OF MARRIAGE (§§ 93-7-1 — 93-7-13) › Section 93-7-5 - Legitimation of issue

Except for incestuous marriages, the issue of the parties to a void marriage conceived subsequent to the date thereof is legitimate, whether the marriage be declared void because of a prior existing marriage, or is annulled for some other cause.
Codes, 1942, § 2748-03; Laws, 1962, ch. 278, § 3, eff. 7/15/1962.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 7 - ANNULMENT OF MARRIAGE (§§ 93-7-1 — 93-7-13) › Section 93-7-7 - Custody of children

When an annulment shall be adjudged or a marriage declared void, the chancery court may, in its discretion, having regard to the circumstances of the parties and the nature of the case, as may seem equitable and just, make all orders touching the care, custody, and maintenance of the children of the marriage; and the court may, afterwards, on complaint, change the judgment and make from time to time such new judgment as the case may require.
Codes, 1942, § 2748-04; Laws, 1962, ch. 278, § 4; Laws, 1991, ch. 573, § 137, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 7 - ANNULMENT OF MARRIAGE (§§ 93-7-1 — 93-7-13) › Section 93-7-9 - Filing of complaint

The complaint for annulment shall be filed in the county where the defendant resides, or in the county where the marriage license was issued, or in the county where the plaintiff resides, if the defendant be a nonresident of this state.
Codes, 1942, § 2748-05; Laws, 1962, ch. 278, § 5; Laws, 1991, ch. 573, § 138, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 7 - ANNULMENT OF MARRIAGE (§§ 93-7-1 — 93-7-13) › Section 93-7-11 - Jurisdiction; pleading; process

The chancery courts of the State of Mississippi shall have jurisdiction to hear and determine all suits for annulment and all suits for annulment shall be tried in term time or vacation, and the same rules of pleading and procedure shall apply as in divorce cases, and the laws of process now in force in divorce cases in this state shall apply in all suits for annulment.
Codes, 1942, § 2748-06; Laws, 1962, ch. 278, § 6, eff. 7/15/1962.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 7 - ANNULMENT OF MARRIAGE (§§ 93-7-1 — 93-7-13) › Section 93-7-13 - Duty of court to make report

It shall be the duty of the chancery clerk to make a report of each annulment granted in his county to the state board of health on forms furnished by the state board of health in the same manner as now required by law for reporting divorces.
Codes, 1942, § 2748-06; Laws, 1962, ch. 278, § 6, eff. 7/15/1962.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 9 - PARENTAGE (§§ 93-9-1 — 93-9-75) › UNIFORM LAW ON PATERNITY (§§ 93-9-1 — 93-9-49) › Section 93-9-1 - Short title

Sections
93-9-1
through
93-9-49
may be cited as the "Mississippi Uniform Law on Paternity."
Codes, 1942, § 383-24; Laws, 1962, ch. 312, § 24, eff. 7/1/1962.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 9 - PARENTAGE (§§ 93-9-1 — 93-9-75) › UNIFORM LAW ON PATERNITY (§§ 93-9-1 — 93-9-49) › Section 93-9-3 - Construction

Nothing herein contained shall be construed as abridging the power and jurisdiction of the chancery courts of the State of Mississippi, exercised over the estates of minors, nor as an abridgment of the power and authority of said chancery courts or the chancellor in vacation or chancery clerk in vacation to appoint guardians for minors. The Uniform Law on Paternity shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
Codes, 1942, § 383-23; Laws, 1962, ch. 312, § 23, eff. 7/1/1962.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 9 - PARENTAGE (§§ 93-9-1 — 93-9-75) › UNIFORM LAW ON PATERNITY (§§ 93-9-1 — 93-9-49) › Section 93-9-5 - Application of Uniform Law on Paternity

Sections
93-9-1
through
93-9-49
apply to all cases of birth out of lawful matrimony as defined in Section
93-9-7
.
Codes, 1942, § 383-25; Laws, 1962, ch. 312, § 25, eff. 7/1/1962.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 9 - PARENTAGE (§§ 93-9-1 — 93-9-75) › UNIFORM LAW ON PATERNITY (§§ 93-9-1 — 93-9-49) › Section 93-9-7 - Obligations of father

The father of a child which is or may be born out of lawful matrimony is liable to the same extent as the father of a child born of lawful matrimony, whether or not the child is born alive, for the reasonable expense of the mother's pregnancy and confinement, and for the education, necessary support and maintenance, and medical and funeral expenses of the child. A child born out of lawful matrimony also includes a child born to a married woman by a man other than her lawful husband.
Codes, 1942, § 383-01; Laws, 1962, ch. 312, § 1, eff. 7/1/1962.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 9 - PARENTAGE (§§ 93-9-1 — 93-9-75) › UNIFORM LAW ON PATERNITY (§§ 93-9-1 — 93-9-49) › Section 93-9-11 - Limitation on recovery from father

The father's liabilities for past education and necessary support and maintenance and other expenses are limited to a period of one (1) year next preceding the commencement of an action.
Codes, 1942, § 383-03; Laws, 1962, ch. 312, § 3, eff. 7/1/1962.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 9 - PARENTAGE (§§ 93-9-1 — 93-9-75) › UNIFORM LAW ON PATERNITY (§§ 93-9-1 — 93-9-49) › Section 93-9-13 - Limitation on recovery from father's estate

The obligation of the estate of the father for liabilities under Section
93-9-7
is limited to amounts accrued prior to his death. However, in order to hold the estate of the father liable under Section
93-9-7
, the action must be filed within one (1) year after the death of the father or within ninety (90) days after the first publication of notice to creditors to present their claims, whichever is less.
Codes, 1942, § 383-04; Laws, 1962, ch. 312, § 4; Laws, 1981, ch 529, § 3, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 9 - PARENTAGE (§§ 93-9-1 — 93-9-75) › UNIFORM LAW ON PATERNITY (§§ 93-9-1 — 93-9-49) › Section 93-9-15 - Jurisdiction and remedies; right to trial by jury

The county court, the circuit court, or the chancery court has jurisdiction of an action under Sections
93-9-1
through
93-9-49
, and all remedies for the enforcement of orders awarding custody or for expenses of pregnancy and confinement for a wife, or for education, necessary support and maintenance, or funeral expenses for legitimate children shall apply. The defendant must defend the cause in whichever court the action is commenced. The court has continuing jurisdiction to modify or revoke an order and to increase or decrease amounts fixed by order for future education and necessary support and maintenance. All remedies under the Uniform Interstate Family Support Act, and amendments thereto, are available for enforcement of duties of support and maintenance under Sections
93-9-1
through
93-9-49
. Parties to an action to establish paternity shall not be entitled to a jury trial. The court may also order the father to reimburse Medicaid for expenses of the pregnancy and confinement of the mother.
Codes, 1942, § 383-05; Laws, 1962, ch. 312, § 5; Laws, 1966, ch. 319, § 1; Laws, 1997, ch. 588, § 135; Laws, 2000, ch. 530, § 4, eff. 7/1/2000.
Amended by Laws, 2013, ch. 380, HB 720, 1, eff. 7/1/2013.
Amended by Laws, 2013, ch. 527, SB 2010, 1, eff. 4/24/2013.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 9 - PARENTAGE (§§ 93-9-1 — 93-9-75) › UNIFORM LAW ON PATERNITY (§§ 93-9-1 — 93-9-49) › Section 93-9-17 - Venue

(1)
An action under Sections
93-9-1
through
93-9-49
may be brought in the county where the alleged father is present or has property; or in the county where the mother resides; or in the county where the child resides. However, if the alleged father resides or is domiciled in this state, upon the motion of the alleged father filed within thirty (30) days after the date the action is served upon him, the action shall be removed to the county where the alleged father resides or is domiciled. If no such motion is filed by the alleged father within thirty (30) days after the action is served upon him, the court shall hear the action in the county in which the action was brought.
(2)
Subsequent to an initial filing in an appropriate court, any action regarding paternity, support, enforcement or modification and to which the Department of Human Services is a party may be heard in any county by a court which would otherwise have jurisdiction and is a proper venue. Upon written request by the Department of Human Services, the clerk of the court of the original county shall transfer a certified copy of the court file to the clerk of the appropriate transfer county without need for application to the court. Such written request shall certify that the Department of Human Services has issued timely notification of the transfer in writing to all interested parties. Such written request and notice shall be entered into the court file by the transferring clerk of the transferring court. The transferred action shall remain on the docket of the transferred court in which the action is heard, subject to another such transfer.
Codes, 1942, § 383-06; Laws, 1962, ch. 312, § 6; Laws, 1992, ch. 560 § 1; Laws, 1997, ch. 588, § 136, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 9 - PARENTAGE (§§ 93-9-1 — 93-9-75) › UNIFORM LAW ON PATERNITY (§§ 93-9-1 — 93-9-49) › Section 93-9-19 - Time of trial; perpetuation of testimony

If the issue of paternity is raised in an action commenced during the pregnancy of the mother, the trial shall not, without the consent of the alleged father, be held until after the birth or miscarriage, but during such delay testimony may be perpetuated according to the laws of this state.
Codes, 1942, § 383-07; Laws, 1962, ch. 312, § 7, eff. 7/1/1962.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 9 - PARENTAGE (§§ 93-9-1 — 93-9-75) › UNIFORM LAW ON PATERNITY (§§ 93-9-1 — 93-9-49) › Section 93-9-23 - Blood tests and other tests; appointment of experts; affidavits of experts; challenging test results

(1)
Genetic testing shall be made by experts qualified as examiners of genetic tests who shall be appointed by the court pursuant to Section
93-9-21(5)
. The expert shall attach to the report of the test results an affidavit stating in substance:
(a)
that the affiant has been appointed by the court to administer the test and shall give his name, address, telephone number, qualifications, education and experience;
(b)
how the mother, child and alleged father were identified when the samples were obtained;
(c)
who obtained the samples and how, when and where obtained;
(d)
the chain of custody of the samples from the time obtained until the tests were completed;
(e)
the results of the test and the probability of paternity as calculated by an expert based on the test results;
(f)
the amount of the fee for performing the test; and
(g)
the procedures performed to obtain the test results. In cases initiated or enforced by the Department of Human Services pursuant to Title IV-D of the Social Security Act, the Department of Human Services shall be responsible for paying the costs of any genetic testing when such testing is required by law to establish paternity, subject to recoupment from the defendant if paternity is established.
(2)
The expert or laboratory shall send all parties, or the attorney of record if a party is represented by counsel, a copy of the report by first class mail. The expert or laboratory shall file the original report with the clerk of the court along with proof of mailing to the parties or attorneys. A party may challenge the testing procedure within thirty (30) days of the date of mailing the results. If either party challenges the original test results, the court shall order additional testing at the expense of the challenging party.
(3)
If the court, in its discretion, finds cause to order additional testing, then it may do so using the same or another laboratory or expert. If there is no timely challenge to the original test results or if the court finds no cause to order additional testing, then the certified report shall be admitted as evidence in the proceeding as prima facie proof of its contents.
(4)
Upon request or motion of any party to the proceeding, the court may require persons making any analysis to appear as a witness and be subject to cross-examination, provided that the request or motion is made at least ten (10) days before the hearing. The court may require the party making the request or motion to pay the costs and/or fees for the expert witness' appearance.
Codes, 1942, § 383-09; Laws, 1962, ch. 312, § 9; Laws, 1987, ch. 455, § 2; Laws, 1991, ch. 573, § 139; Laws, 1994, ch. 363, § 1; Laws, 1997, ch. 588, § 142; Laws, 1999, ch. 512, § 3, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 9 - PARENTAGE (§§ 93-9-1 — 93-9-75) › UNIFORM LAW ON PATERNITY (§§ 93-9-1 — 93-9-49) › Section 93-9-25 - Blood tests and other tests; costs; compensation of experts

The costs of the blood or other tests required by the court and the compensation of each expert witness appointed by the court shall be fixed at a reasonable amount. It shall be paid as the court shall order. The court may order that it be paid by the parties in such proportions and at such times as it shall prescribe, and that, after payment by either of the parties or both, all or part or none of it be taxed as costs in the action. The fee of an expert witness called by a party but not appointed by the court shall be paid by the party calling him but shall not be taxed as costs in the action.
Codes, 1942, § 383-10; Laws, 1962, ch. 312, § 10; Laws, 1987, ch. 455, § 3, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 9 - PARENTAGE (§§ 93-9-1 — 93-9-75) › UNIFORM LAW ON PATERNITY (§§ 93-9-1 — 93-9-49) › Section 93-9-27 - Blood tests; effect of test results; no right to jury trial in paternity proceedings

(1)
If the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, are that the alleged father is not the father of the child, the question of paternity shall be resolved accordingly. If an expert concludes that the blood or other tests show the probability of paternity, that evidence shall be admitted.
(2)
There shall be a rebuttable presumption of paternity, affecting the burden of proof, if the court finds that the probability of paternity, as calculated by the experts qualified as examiners of genetic tests, is ninety-eight percent (98%) or greater. This presumption may only be rebutted by a preponderance of the evidence.
(3)
Parties to an action to establish paternity shall not be entitled to a jury trial.
(4)
The Department of Human Services may statistically report as positive, to the Administration for Children and Families within the United States Department of Health and Human Services, any putative paternity if the probability of paternity, as calculated by the experts qualified as examiners of genetic tests, is ninety-nine percent (99%) or greater, subject only to a later determination of nonpaternity ordered by a court under this chapter.
Codes, 1942, § 383-11; Laws, 1962, ch. 312, § 11; Laws, 1987, ch. 455, § 4; Laws, 1994, ch. 363, § 2; Laws, 2000, ch. 530, § 5; Laws, 2007, ch. 344, § 1, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 9 - PARENTAGE (§§ 93-9-1 — 93-9-75) › UNIFORM LAW ON PATERNITY (§§ 93-9-1 — 93-9-49) › Section 93-9-29 - Order

(1)
If the finding be against the defendant, the court shall make an order of filiation, declaring paternity and for the support and education of the child.
(2)
The order of filiation shall specify the sum to be paid weekly or otherwise. In addition to providing for the support and education, the order shall also provide for the funeral expenses if the child has died; for the support of the child prior to the making of the order of filiation; and such other expenses as the court may deem proper. In the event the defendant has health insurance available to him through an employer or organization that may extend benefits to the dependents of such defendant, the order of filiation may require the defendant to exercise the option of additional coverage in favor of the child he is legally responsible to support.
(3)
The court may require the payment to be made to the mother, or to some person or corporation to be designated by the court as trustee, but if the child is or is likely to become a public charge on a county or the state, the public welfare agent of that county shall be made the trustee. The payment shall be directed to be made to a trustee if the mother does not reside within the jurisdiction of the court. The trustee shall report to the court annually, or oftener as directed by the court, the amounts received and paid over.
Codes, 1942, § 383-12; Laws, 1962, ch. 312, § 12; Laws, 1981, ch 529, § 4; Laws, 1985, ch. 518, § 17; Laws, 1989, ch. 511, § 6, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 9 - PARENTAGE (§§ 93-9-1 — 93-9-75) › UNIFORM LAW ON PATERNITY (§§ 93-9-1 — 93-9-49) › Section 93-9-30 - Full faith and credit to foreign paternity determinations

In any proceeding in Mississippi, either before a court or administrative tribunal, wherein the question of paternity may arise, and a determination or adjudication of paternity has been made through either a voluntary acknowledgement procedure, an administrative determination or a judicial order in another state or jurisdiction, then upon certification of that determination or adjudication by competent administrative or judicial authority of such state or jurisdiction, the court or administrative tribunal in Mississippi shall give full faith and credit to that foreign determination or adjudication, and it shall be conclusive proof of its substance.
Laws, 1994, ch. 362, § 1, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 9 - PARENTAGE (§§ 93-9-1 — 93-9-75) › UNIFORM LAW ON PATERNITY (§§ 93-9-1 — 93-9-49) › Section 93-9-33 - Commitment for contempt

The court also has power, on default as aforesaid, to adjudge the father in contempt and to order him committed to jail in the same manner and with the same powers as in case of commitment for default in giving security. The commitment of the father shall not operate to stay execution upon the judgment of the bond.
Codes, 1942, § 383-14; Laws, 1962, ch. 312, § 14, eff. 7/1/1962.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 9 - PARENTAGE (§§ 93-9-1 — 93-9-75) › UNIFORM LAW ON PATERNITY (§§ 93-9-1 — 93-9-49) › Section 93-9-35 - Support by mother

(1)
If a mother of a natural child be possessed of property and shall fail to support and educate her child, the court having jurisdiction, on the application of the guardian or next friend of the child or, if the child shall receive Temporary Assistance for Needy Families (TANF) benefits or other financial assistance, of the county human services agent or youth counselor, may examine into the matter and after a hearing may make an order charging the mother with the payment of money weekly or otherwise for the support and education of the child.
(2)
The court may require the mother to give security, by bond or other security, with sufficient sureties approved by the court, for the payment of the order. In default of such security, when required, the court may commit her to jail, or put her on probation. At any time within one (1) year she may be discharged from jail, but her liability to pay the judgment shall not be thereby affected.
(3)
Nothing in this section shall be deemed to relieve the father from liability for support and education of the child in accordance with the provisions of Sections
93-9-1
through
93-9-49
.
Codes, 1942, § 383-15; Laws, 1962, ch. 312, § 15; Laws, 1997, ch. 316, § 18, eff. 3/12/1997.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 9 - PARENTAGE (§§ 93-9-1 — 93-9-75) › UNIFORM LAW ON PATERNITY (§§ 93-9-1 — 93-9-49) › Section 93-9-37 - False declaration of identity

The making of a false complaint as to the identity of the father, or the aiding or abetting therein, shall be punishable as for perjury.
Codes, 1942, § 383-16; Laws, 1962, ch. 312, § 16, eff. 7/1/1962.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 9 - PARENTAGE (§§ 93-9-1 — 93-9-75) › UNIFORM LAW ON PATERNITY (§§ 93-9-1 — 93-9-49) › Section 93-9-39 - Probation

Upon a failure to give security as provided herein, the court, instead of imposing sentence or of committing the father or mother to jail, or as a condition of his or her release from jail, may place him or her on probation, upon such terms as to payment of support to or on behalf of the child, and as to personal reports, as the court may direct. Upon violation of the terms imposed, the court may proceed to impose the sentence and commit or recommit to jail in accordance with the sentence.
Codes, 1942, § 383-17; Laws, 1962, ch. 312, § 17, eff. 7/1/1962.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 9 - PARENTAGE (§§ 93-9-1 — 93-9-75) › UNIFORM LAW ON PATERNITY (§§ 93-9-1 — 93-9-49) › Section 93-9-41 - Appeals

An appeal in all cases may be taken by the defendant, a guardian ad litem appointed by the court for the child, the mother or her personal representative, or the public welfare official, from any final order or judgment of any court having jurisdiction of filiation proceedings, as provided for in Sections
93-9-1
through
93-9-49
, directly to the supreme court within thirty (30) days after the entry of said order of judgment.
No appeal however shall operate as a stay of execution unless the defendant shall give the security provided for in Sections
93-9-1
through
93-9-49
, and further security to pay the costs of such appeal. If any such appeal shall be taken by a guardian ad litem, appointed for the child by the court, the court may in its discretion allow payment, for the actual disbursements made by the said guardian ad litem for taking appeal. When allowed by the judge and duly audited, said disbursement shall become a county charge and shall be paid by the county.
Codes, 1942, § 383-18; Laws, 1962, ch. 312, § 18, eff. 7/1/1962.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 9 - PARENTAGE (§§ 93-9-1 — 93-9-75) › UNIFORM LAW ON PATERNITY (§§ 93-9-1 — 93-9-49) › Section 93-9-43 - Prosecuting official

It shall be the duty of the county attorney, in counties having a county attorney, (in the county in which the complaint is made) to prosecute all cases relating to natural children where the complainant is a state or county public welfare official. He shall receive as compensation for his services, when and if performed, not to exceed the sum of One Hundred Dollars ($100.00) for any one month, in addition to compensation provided otherwise, out of the county treasury upon an order of the county, circuit, or chancery judge. In counties not having a county attorney, the complaint shall be prosecuted by the district attorney, or by an attorney representing the state or county public welfare official as the petitioner, who shall receive the same compensation as herein provided for the county attorney.
Codes, 1942, § 383-19; Laws, 1962, ch. 312, § 19, eff. 7/1/1962.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 9 - PARENTAGE (§§ 93-9-1 — 93-9-75) › UNIFORM LAW ON PATERNITY (§§ 93-9-1 — 93-9-49) › Section 93-9-45 - Costs

If the court makes an order of filiation, declaring paternity and for the support and maintenance, and education of the child, court costs, including the cost of the legal services of the attorney representing the petitioner, expert witness fees, the court clerk, sheriff and other costs shall be taxed against the defendant.
Codes, 1942, § 383-20; Laws, 1962, ch. 312, § 20, eff. 7/1/1962.