Kentucky Marriage Laws and Get Ordained - Licensed (559) 297-4271 |
As used and recognized in the law of the Commonwealth, "marriage"
refers only to the civil status, condition, or relation of one (1) man
and one (1) woman united in law for life, for the discharge to each
other and the community of the duties legally incumbent upon those whose
association is founded on the distinction of sex.
Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 258, sec. 4, effective July 15, 1998.
(1) No marriage shall be contracted between persons who are nearer
of kin to each other by consanguinity, whether of the whole or
half-blood, than second cousins.
(2) Marriages prohibited by subsection (1) of this section are incestuous and void.
Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage - Void Marriages
History: Amended 1946 Ky. Acts ch. 124, sec. 1. --
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942,
from Ky. Stat. sec. 2096.
(1) Marriage is prohibited and void:
(a) With a person who has been adjudged mentally disabled by a court of competent jurisdiction;
(b) Where there is a husband or wife living, from whom the person marrying has not been divorced;
(c) When not solemnized or contracted in the presence of an authorized person or society;
(d) Between members of the same sex;
(e) Between more than two (2) persons; and
(f) 1. Except as provided in subparagraph 3. of this paragraph, when at
the time of the marriage, the person is under sixteen (16) years of age;
2. Except as provided in subparagraph 3. of this paragraph, when at the
time of marriage, the person is under eighteen (18) but over sixteen
(16) years of age, if the marriage is without the consent of:
a. The father or the mother of the person under eighteen (18) but over
sixteen (16), if the parents are married, the parents are not legally
separated, no legal guardian has been appointed for the person under
eighteen (18) but over sixteen (16), and no court order has been issued
granting custody of the person under eighteen (18) but over sixteen (16)
to a party other than the father or mother;
b. Both the father and the mother, if both be living and the parents are
divorced or legally separated, and a court order of joint custody to
the parents of the person under eighteen (18) but over sixteen (16) has
been issued and is in effect;
c. The surviving parent, if the parents were divorced or legally
separated, and a court order of joint custody to the parents of the
person under eighteen (18) but over sixteen (16) was issued prior to the
death of either the father or mother, which order remains in effect;
d. The custodial parent, as established by a court order which has not
been superseded, where the parents are divorced or legally separated and
joint custody of the person under eighteen (18) but
over sixteen (16) has not been ordered; or
e. Another person having lawful custodial charge of the person under eighteen (18) but over sixteen (16), but
3. In case of pregnancy the male and female, or either of them,
specified in subparagraph 1. or 2. of this paragraph, may apply to a
District Judge for permission to marry, which application may be
granted, in the form of a written court order, in the discretion of the
judge. There shall be a fee of five dollars ($5) for hearing each such
application.(2) For purposes of this section "parent," "father," or
"mother" means the natural parent, father, or mother of a child under
eighteen (18) unless an adoption takes place pursuant to legal process,
in which case the adoptive parent, father, or mother shall be considered
the parent, father, or mother to the exclusion of the natural parent,
father, or mother, as applicable.
Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage - Void Marriages
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 122, sec. 1, effective March 26, 1998
and ch. 258, sec. 2, effective July 15, 1998. -- Amended 1988 Ky. Acts
ch. 212, sec. 1, effective July 15, 1988. -- Amended 1982 Ky. Acts ch.
141, sec. 113, effective July 1, 1982. -- Amended 1978 Ky. Acts ch.
92, sec. 12, effective June 17, 1978. -- Amended 1976 (1st Extra.
Sess.) Ky. Acts ch. 14, sec. 399, effective January 2, 1978. -- Amended
1974 Ky. Acts ch. 49, sec. 6; and ch. 386, sec. 90. -- Amended 1968
Ky. Acts ch. 200, sec. 10. -- Amended 1966 Ky. Acts ch. 72, sec. 1. --
Amended 1960 Ky. Acts ch. 8, sec. 1. -- Recodified 1942 Ky. Acts ch.
208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2097.
(1) Courts having general jurisdiction may declare void any marriage obtained by force or fraud.
(2) At the instance of any next friend, courts having general
jurisdiction may declare any marriage void where the person was under
eighteen (18) but over sixteen (16) years of age at the time of the
marriage, and the marriage was without the consent required by KRS
402.020(1)(f) and has not been ratified by cohabitation after that age.
(3) At the instance of any next friend, courts having general jurisdiction may declare void any marriage where:
(a) The person was under sixteen (16) years of age at the time of the marriage;
(b) The marriage was not conducted with the permission of a District
Judge, as required by KRS 402.020(1)(f)3., in the form of a written
court order; and
(c) The marriage has not been ratified by cohabitation after the person reached eighteen (18) years of age.
Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage - Void Marriages
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 122, sec. 2, effective March 26, 1998
and ch. 258, sec. 5, effective July 15, 1998. -- Amended 1988 Ky. Acts
ch. 212, sec. 2, effective July 15, 1988. -- Amended 1976 (1st Extra.
Sess.) Ky. Acts ch. 14, sec. 400, effective January 2, 1978. -- Amended
1960 Ky. Acts ch. 8, sec. 2, effective June 16, 1960. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
sec. 2100.
(1) If any resident of this state marries in another state, the
marriage shall be valid here if valid in the state where solemnized,
unless the marriage is against Kentucky public policy.
(2) A marriage between members of the same sex is against Kentucky
public policy and shall be subject to the prohibitions established in
KRS 402.045.
Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage - Out-of-State Marriages
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 258, sec. 3, effective July 15, 1998.
-- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942,
from Ky. Stat. sec. 2101.
(1) A marriage between members of the same sex which occurs in another jurisdiction shall be void in Kentucky.
(2) Any rights granted by virtue of the marriage, or its termination, shall be unenforceable in Kentucky courts
Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage - Out-of-State Marriages
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 258, sec. 1, effective July 15, 1998.
No marriage solemnized before any person professing to have
authority therefor shall be invalid for the want of such authority, if
it is consummated with the belief of the parties, or either of them,
that he had authority and that they have been lawfully married.
Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage - Solemnization
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2102.
No marriage shall be solemnized without a license therefor. The
license shall be issued by the clerk of the county in which the female
resides at the time, unless the female is eighteen (18) years of age or
over or a widow, and the license is issued on her application in person
or by writing signed by her, in which case it may be issued by any
county clerk.
Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage - Solemnization
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 279, sec. 1, effective July 13, 1984.
-- Amended 1980 Ky. Acts ch. 74, sec. 1, effective July 15, 1980. --
Amended 1978 Ky. Acts ch. 384, sec. 518, effective June 17, 1978. --
Amended 1968 Ky. Acts ch. 100, sec. 14. -- Amended 1948 Ky. Acts ch.
42, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 2105.
(1) No person shall, for compensation or reward, solicit,
persuade, entice, direct or induce any persons to go before any person
authorized to solemnize marriage to be married. No such person shall
receive for such services any part of the remuneration paid for
solemnizing the marriage.
(2) No person authorized to solemnize marriage shall pay, give to, or
divide or share with any other person any sum of money or other thing
obtained by him for solemnizing marriage.
(3) No person authorized to solemnize marriage shall solicit, persuade,
entice, direct or induce any persons to come before him to be married.
Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage - Solemnization
History: Amended 1946 Ky. Acts ch. 29, sec. 1. --
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942,
from Ky. Stat. sec. 2103.
Each county clerk shall use the form prescribed by the Department
for Libraries and Archives when issuing a marriage license. This form
shall provide for the entering of all of the information required in
this section, and may also provide for the entering of additional
information prescribed by the Department for Libraries and Archives. The
form shall consist of:
(1) A marriage license which provides for the entering of:
(a) An authorization statement of the county clerk issuing the license
for any person or religious society authorized to perform marriage
ceremonies to unite in marriage the persons named;
(b) Vital information for each party, including the full name, date of
birth, place of birth, race, condition (single, widowed, or divorced),
number of previous marriages, occupation, current residence,
relationship to the other party, and full names of parents; and
(c) The date and place the license is issued, and the signature of the county clerk or deputy clerk issuing the license.
(2) A marriage certificate which provides for the entering of:
(a) A statement by the person performing the marriage ceremony or the
clerk of the religious society authorized to solemnize the marriage
ceremony that the ceremony was performed. The statement shall include
the name and title of the person performing the ceremony or the name of
the religious society solemnizing the marriage, the names of persons
married, the date and place of the marriage, and the names of two (2)
witnesses;
(b) A statement by the person performing the marriage ceremony of his
legal qualification under this chapter to perform the ceremony, such
statement to include the name of the county or city where his license to
perform marriage ceremonies was issued or, in the case of religious
societies authorized by KRS 402.050(c) to solemnize marriages, the name
of the city or county where the religious society is incorporated. The
provisions of this paragraph shall not be construed to require the clerk
of a religious society to be present at the marriage so long as the
witnesses of the society are present;
(c) A dated signature of the person performing the ceremony; and
(d) A signed statement by the county clerk or a deputy county clerk of
the county in which the marriage license was issued that the marriage
certificate was recorded. The statement shall indicate the name of the
county and the date the marriage certificate was recorded.
(3) A certificate to be delivered by the person performing the marriage
ceremony or the clerk of the religious society performing the marriage
ceremony to the parties married. This certificate shall provide for the
entering of:
(a) A statement by the person performing the marriage ceremony or the
clerk of the religious society performing the marriage ceremony that the
ceremony was performed. The statement shall include the name and title
of the person performing the ceremony, or the name of the religious
society performing the ceremony, the names of persons married, the date
and place of the marriage, the names of two (2) witnesses, and the
following information as recorded on the license authorizing the
marriage: the date the license was issued, the name of the county clerk
under whose authority the license was issued, and the county in which
the license was issued; and
(b) A dated signature of the person performing the ceremony or the clerk of the religious society performing the ceremony.
(4) A Social Security number shall be requested as a means of
identification of each party but shall not be recorded on the marriage
license or certificate. Other means of identification may also be
requested if a party does not have a Social Security number. The Social
Security number shall be forwarded to the appropriate agency within the
Cabinet for Health and Family Services that is responsible for enforcing
child support, and the number shall be stored by that agency with a
nonidentifying numeric. The Social Security number shall not be
available for public release.
Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage - Licensing and Recording
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 101, sec. 1, effective July 12, 2006.
-- Amended 2005 Ky. Acts ch. 99, sec. 621, effective June 20, 2005. --
Amended 2000 Ky. Acts ch. 428, sec. 1, effective July 14, 2000. --
Amended 1994 Ky. Acts ch. 220, sec. 2, effective July 15, 1994. --
Amended 1984 Ky. Acts ch. 279, sec. 2, effective July 13, 1984. --
Amended 1976 Ky. Acts ch. 15, sec. 1. -- Recodified 1942 Ky. Acts ch.
208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2103.
A marriage license shall be valid for thirty (30) days, including
the date it is issued, and after that time it shall be invalid.
Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage - Licensing and Recording
Effective: July 13, 1984
History: Repealed and reenacted as this section 1984 Ky. Acts ch. 111,
sec. 159, effective July 13, 1984. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2105a-3.
The form of marriage license prescribed in KRS 402.100 shall be
uniform throughout this state, and every license blank shall contain the
identical words and figures provided in the form prescribed by that
section. In issuing the license the clerk shall deliver it in its
entirety to the licensee. The clerk shall see to it that every blank
space required to be filled by the applicants is so filled before
delivering it to the licensee.
Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage - Licensing and Recording
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 279, sec. 3, effective July 13, 1984.
-- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942,
from Ky. Stat. sec. 2103a.
The person solemnizing the marriage or the clerk of the religious
society before which it was solemnized shall within one (1) month return
the license to the county clerk of the county in which it was issued,
with a certificate of the marriage over his signature, giving the date
and place of celebration and the names of at least two (2) of the
persons present.
Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage - Licensing and Recording
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 220, sec. 3, effective July 15, 1994.
-- Amended 1984 Ky. Acts ch. 279, sec. 4, effective July 13, 1984. --
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942,
from Ky. Stat. sec. 2107.
The certificate shall be filed in the county clerk's office. The
county clerk shall keep in a record book a fair register of the parties'
names, the person by whom, or the religious society by which, the
marriage was solemnized, the date when the marriage was solemnized, and
shall keep an index to the book in which the register is made.
Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage - Licensing and Recording
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 220, sec. 4, effective July 15, 1994.
-- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942,
from Ky. Stat. secs. 2108, 2108-1.
In the absence of the county clerk, or during a vacancy in the
office, the county judge/executive may issue the license and, in so
doing, he shall perform the duties and incur all the responsibilities of
the clerk. The county judge/executive shall return a memorandum thereof
to the clerk, and the memorandum shall be recorded as if the license
had been issued by the clerk.
Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage - Licensing and Recording
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2113.
Where doubt is felt as to the validity of a marriage, either party
may, by petition in Circuit Court, demand its avoidance or affirmance;
but where one (1) of the parties was within the age of consent at the
time of marriage, the party who is of proper age may not bring such a
proceeding for that cause against the party under age.
Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage - Miscellaneous Provisions
Effective: January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 406,
effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. sec. 2115.
If any person under eighteen (18) years of age marries without
the consent required by KRS 402.020(1)(f), the court having general
jurisdiction in the county of his residence shall, on the petition of a
next friend, commit his estate to a receiver, who, upon giving bond,
shall hold his estate and, after deducting a reasonable compensation for
his services, pay out the rents and profits to his separate use during
his infancy, under the direction of the court. When the person arrives
at the age of eighteen (18), the receiver shall deliver his estate to
him, unless the court considers it for his benefit to continue it in the
hands of the receiver.
Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage - Miscellaneous Provisions
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 258, sec. 7, effective July 15, 1998.
-- Amended 1988 Ky. Acts ch. 212, sec. 4, effective July 15, 1988. --
Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 407, effective
January 2, 1978. -- Amended 1974 Ky. Acts ch. 386, sec. 94. -- Amended
1968 Ky. Acts ch. 100, sec. 16. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2116.
(1) The Human Resources Coordinating Commission of Kentucky shall
prepare a marriage manual for distribution to all applicants for a
marriage license. The manual shall include, but not be limited to,
material on family planning, proper health and sanitation practices,
nutrition, consumer economics, and the legal responsibilities of spouses
to each other and as parents to their children.
(2) When the manual is approved it shall be printed by the Human
Resources Coordinating Commission. Copies of the manual shall be sent to
the county clerk of each county. Each county clerk shall give a copy to
each applicant for a marriage license.
Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage - Miscellaneous Provisions
History: Amended 1976 Ky. Acts ch. 62, sec. 123. -- Created 1972 Ky. Acts ch. 26, sec. 1.
KRS 402.310 to 402.340 may be cited as the Kentucky Sickle Cell Disease Detection Act of 1972.
Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage - Sickle Cell Disease Detection
History: Created 1972 Ky. Acts ch. 122, sec. 1.
Every physician examining applicants for a marriage license may
obtain an appropriate blood specimen from each applicant and forward
same to the Division of Laboratory Services, Cabinet for Health and
Family Services, or to a laboratory approved by the cabinet, to
ascertain the existence or nonexistence of sickle cell trait or sickle
cell disease, or any other genetically transmitted disease which affects
hemoglobin. In the event the laboratory tests indicate that both
applicants are carriers of a trait or disease, the physician may provide
genetic counseling or refer the applicants to the cabinet or to an
agency approved by the cabinet for such counseling.
Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage - Sickle Cell Disease Detection
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 622, effective June 20,
2005. -- Amended 1998 Ky. Acts ch. 426, sec. 577, effective July 15,
1998. -- Amended 1974 Ky. Acts ch. 273, sec. 1. -- Created 1972 Ky. Acts
ch. 122, sec. 2.
The secretary for health and family services shall adopt rules and
regulations for the proper administration and enforcement of KRS
402.310 to 402.340.
Kentucky Revised Statutes - Title XXXV: Domestic Relations - Chapter 402: Marriage - Sickle Cell Disease Detection
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 623, effective June 20,
2005. -- Amended 1998 Ky. Acts ch. 426, sec. 578, effective July 15,
1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(10). -- Created
1972 Ky. Acts ch. 122, sec. 4.