State Codes and Statutes

State Codes and Statutes

Statutes > Mississippi > Title-93 > 5 > 93-5-25

§ 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. 
 

Sources: 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 from and after July 1, 1991.