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Form a Business

MARRIAGE

KRS tit. XXXV, ch. 402
in effect

KRS 402.005 Definition of marriage

402.005. Definition of marriage 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. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 258, sec. 4, effective July 15, 1998.

KRS 402.010 Degree of relationship that will bar marriage

402.010. Degree of relationship that will bar marriage (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. 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.

KRS 402.020 Other prohibited marriages

402.020. Other prohibited marriages (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) Except as provided in KRS 402.210, with a person who at the time of marriage is under eighteen (18) years of age. (2) Subsection (1)(f) of this section shall not apply to a lawful marriage entered into in the Commonwealth of Kentucky prior to July 14, 2018, or to a lawful marriage in another state or country prior to the parties' residence in the Commonwealth of Kentucky. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 36, sec. 1, effective July 14, 2018. -- 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. Note: 1980 Ky. Acts ch. 396, sec. 124 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 402.030 Courts may declare certain marriages void

402.030. Courts may declare certain marriages void (1) Courts having general jurisdiction may declare void any marriage obtained by force or fraud, or, provided that the petition is brought by a party who was under the age of majority as defined by KRS 2.015 at the time of marriage, a marriage obtained by duress. (2) At the instance of any next friend, courts having general jurisdiction may declare any marriage void where the person was under eighteen (18) years of age at the time of the marriage, and the marriage was without the consent required by KRS 402.210. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 36, sec. 2, effective July 14, 2018. -- 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.

KRS 402.040 Marriage in another state

402.040. Marriage in another state (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. 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.

KRS 402.045 Same-sex marriage in another jurisdiction void and unenforceable

402.045. Same-sex marriage in another jurisdiction void and unenforceable (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. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 258, sec. 1, effective July 15, 1998.

KRS 402.050 Who may solemnize marriage -- Persons present

402.050. Who may solemnize marriage -- Persons present (1) Marriage shall be solemnized only by: (a) Ministers of the gospel or priests of any denomination in regular communion with any religious society; (b) Justices and judges of the Court of Justice, retired justices and judges of the Court of Justice except those removed for cause or convicted of a felony, county judges/executive, and such justices of the peace and fiscal court commissioners as the Governor or the county judge/executive authorizes; or (c) A religious society that has no officiating minister or priest and whose usage is to solemnize marriage at the usual place of worship and by consent given in the presence of the society, if either party belongs to the society. (2) At least two (2) persons, in addition to the parties and the person solemnizing the marriage, shall be present at every marriage. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 205, sec. 1, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 50, sec. 1, effective July 14, 1992. -- Amended 1978 Ky. Acts ch. 384, sec. 516, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 401, effective January 2, 1978. -- Amended 1968 Ky. Acts ch. 102, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2103, 2107.

KRS 402.060 Repealed, 1996

402.060. Repealed, 1996 Catchline at repeal: Minister or priest to have license to solemnize marriage -- Exemption -- Special license for nonresident. History: Repealed 1996 Ky. Acts ch. 205, sec. 3, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 220, sec. 1, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 243, sec. 2, effective April 9, 1988. -- Amended 1980 Ky. Acts ch. 188, sec. 110, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 246, sec. 1, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 386, sec. 92. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2104.

KRS 402.070 Marriage not invalid for want of authority to solemnize

402.070. Marriage not invalid for want of authority to solemnize 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. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2102.

KRS 402.080 Marriage license required -- Who may issue

402.080. Marriage license required -- Who may issue 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, in which case it may be issued by any county clerk. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 36, sec. 3, effective July 14, 2018. -- 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.

KRS 402.090 Soliciting persons to be married by particular person -- Sharing remuneration -- Solicitation by minister or justice of the peace

402.090. Soliciting persons to be married by particular person -- Sharing remuneration -- Solicitation by minister or justice of the peace (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. 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.

KRS 402.100 Marriage license -- Marriage certificate -- Confidentiality of Social Security or other government-issued identification card numbers

402.100. Marriage license -- Marriage certificate -- Confidentiality of Social Security or other government-issued identification card numbers Each county clerk shall make available to the public the form prescribed by the Department for Libraries and Archives for the issuance of a marriage license. The department shall issue a marriage license form which provides for the entering of information identifying each party as a "bride," "groom," or "spouse." 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 for any person or religious society authorized to perform marriage ceremonies to unite in marriage the parties named; (b) Vital information for each party, including the full name, date of birth, place of birth, race, gender, condition (single, widowed, or divorced), number of previous marriages, occupation, current residence, relationship to the other party, and full names of parents; (c) A statement signed by both parties swearing that, to the best of their knowledge, the information provided on the form is correct; and (d) The date and place the application was made. (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(1)(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) The printed name and dated signature of the person performing the ceremony; and (d) A signed statement indicating that the marriage certificate was recorded in the county in which it was filed. The statement shall also include the title of the county clerk or deputy clerk of the county in which the certificate was filed and indicate 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, and the names of two (2) witnesses; 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 card or other government-issued identification card shall be requested as a means of identification of each party but the number shall not be recorded or retained. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 177, sec. 7, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 132, sec. 1, effective July 15, 2016. -- 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. Legislative Research Commission Note. This section was amended by 1984 Ky. Acts ch. 111, sec. 158, and 1984 Ky. Acts ch. 279, sec. 2, which are in conflict and cannot be compiled together. Pursuant to KRS 7.123, the amendment in ch. 279, sec. 2, the nonrevisory Act, prevails.

KRS 402.105 Marriage license valid for thirty days

402.105. Marriage license valid for thirty days A marriage license shall be valid for thirty (30) days, including the date it is issued, and after that time it shall be invalid. 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. Formerly codified as KRS 402.190.

KRS 402.110 Marriage license to be uniform and completely filled out -- Exception under KRS 402.100

402.110. Marriage license to be uniform and completely filled out -- Exception under KRS 402.100 Except as provided in KRS 402.100(1), 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 KRS 402.100. 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. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 132, sec. 2, effective July 15, 2016. -- 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.

KRS 402.120 Repealed, 1982

402.120. Repealed, 1982 Catchline at repeal: Medical examination required -- Exception. History: Repealed 1982 Ky. Acts ch. 146, sec. 4, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 74, sec. 2, effective July 15, 1980. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2105a-1a.

KRS 402.130 Repealed, 1982

402.130. Repealed, 1982 Catchline at repeal: Medical examination -- Laboratory tests. History: Repealed 1982 Ky. Acts ch. 146, sec. 4, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(11). -- Amended 1972 Ky. Acts ch. 157, sec. 2 . -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2105a-1b.

KRS 402.140 Repealed, 1982

402.140. Repealed, 1982 Catchline at repeal: Procedure upon return of examination. History: Repealed 1982 Ky. Acts ch. 146, sec. 4, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(10). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2105a-1c.

KRS 402.150 Repealed, 1982

402.150. Repealed, 1982 Catchline at repeal: License for marriage of pregnant woman without medical certificate. History: Repealed 1982 Ky. Acts ch. 146, sec. 4, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 402, effective January 2, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(10). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2105a-1d.

KRS 402.160 Repealed, 1982

402.160. Repealed, 1982 Catchline at repeal: Submission of specimen to laboratory -- Report to department. History: Repealed 1982 Ky. Acts ch. 146, sec. 4, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(10) and (11). -- Amended 1972 Ky. Acts ch. 157, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2105a-1e.

KRS 402.170 Repealed, 1982

402.170. Repealed, 1982 Catchline at repeal: Protest after refusal of medical certificate and marriage license -- Hearing. History: Repealed 1982 Ky. Acts ch. 146, sec. 4, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 403, effective January 2, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(2). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2105a-2a.

KRS 402.180 Repealed, 1982

402.180. Repealed, 1982 Catchline at repeal: Appeal to circuit court. History: Repealed 1982 Ky. Acts ch. 146, sec. 4, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 404, effective January 2, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(2). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2105a-2b.

KRS 402.200 Repealed, 1982

402.200. Repealed, 1982 Catchline at repeal: County health officer to advise district court. History: Repealed 1982 Ky. Acts ch. 146, sec. 4, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 405, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2105a-4.

KRS 402.205 Petition to court by seventeen year old for permission to marry -- Evidentiary hearing -- Reasons for denying petition -- Effect of pregnancy -- Emancipation of minor -- Other court-imposed condition -- Fee

402.205. Petition to court by seventeen year old for permission to marry -- Evidentiary hearing -- Reasons for denying petition -- Effect of pregnancy -- Emancipation of minor -- Other court-imposed condition -- Fee (1) A minor who is seventeen (17) years of age may petition the family court in the county in which the minor resides, or the District Court in that county if a family court division has not been established in that county, for an order granting permission to marry. The petition shall contain the following: (a) The petitioner's name, gender, age, date of birth, address, and how long the petitioner has resided at that address, as well as prior addresses and dates of residence for the six (6) months preceding the petition; (b) The intended spouse's name, gender, age, date of birth, address, and how long the intended spouse has resided at that address, as well as prior addresses and dates of residence for the six (6) months preceding the petition; (c) An affidavit attesting to the consent to marry signed by: 1. The father or the mother of the petitioner, if the parents are married, the parents are not legally separated, no legal guardian has been appointed for petitioner, and no court order has been issued granting custody of petitioner to a party other than the father or mother; 2. Both the father and the mother, if both are living and the parents are divorced or legally separated, and a court order of joint custody to the parents of the petitioner has been issued and is in effect; 3. The surviving parent, if the parents were divorced or legally separated, and a court order of joint custody to the parents of the petitioner was issued prior to the death of either the father or mother, which order remains in effect; 4. 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 petitioner has not been ordered; or 5. Another person having lawful custodial charge of the petitioner; (d) A statement of the reasons why the petitioner desires to marry, how the parties came to know each other, and how long they have known each other; (e) Evidence of the petitioner's maturity and capacity for self-sufficiency independent of the petitioner's parents and the intended spouse, including but not limited to: 1. Proof that the petitioner has maintained stable housing or employment for at least three (3) consecutive months prior to the petition; and 2. Proof that the petitioner has completed high school, obtained a High School Equivalency Diploma, or completed a vocational training or certificate program; (f) Copies of any criminal records of either party to be married; and (g) Copies of any domestic violence order or interpersonal protective order involving either party to be married. (2) Upon the filing of the petition for permission to marry, the court shall set a date for an evidentiary hearing on the petition that is no sooner than thirty (30) days but not later than sixty (60) days from the date of the filing. (3) The petitioner may be represented by counsel in court proceeding pertaining to the petition to marry. (4) The court shall take reasonable measures to ensure that any representations made by a minor party are free of coercion, undue influence, or duress. Reasonable measures shall include but are not limited to in camera interviews. (5) Following an evidentiary hearing, the court shall grant the minor's petition for permission to marry unless: (a) The age difference between the parties is more than four (4) years; (b) The intended spouse was or is a person in a position of authority or a position of special trust as defined in KRS 532.045 in relation to the minor; (c) The intended spouse has previously been enjoined by a domestic violence order or interpersonal protective order, regardless of whether or not the person to be protected by the order was the minor petitioner; (d) The intended spouse has been convicted of or entered into a diversion program for a criminal offense against a victim who is a minor as defined in KRS 17.500 or for a violent or sexual criminal offense under KRS Chapter 506, 507, 507A, 508, 509, 510, 529, 530, or 531; (e) The court finds by a preponderance of the evidence that the minor was a victim and that the intended spouse was the perpetrator of a sexual offense against the minor under KRS 510.040, 510.050, 510.060, 510.110, 510.120, or 510.130; (f) The court finds by a preponderance of the evidence that abuse, coercion, undue influence, or duress is present; or (g) The court finds that it would otherwise not be in the minor party's best interest to grant the petition to marry. (6) A past or current pregnancy of the minor or the intended spouse shall not be sufficient evidence to establish that the best interests of the minor would be served by granting the petition for marriage. (7) The granting of a petition for permission to marry filed under subsection (1) of this section shall remove the disabilities of minority. A minor emancipated by the petition shall be considered to have all the rights and responsibilities of an adult, except for specific constitutional or statutory age requirements, including but not limited to voting, the use of alcoholic beverages, and other health and safety regulations relevant to him or her because of his or her age. (8) The minor shall be advised by the court of the rights and responsibilities of parties to a marriage and of emancipated minors. The minor shall be provided with a fact sheet on these rights and responsibilities to be developed by the Office of the Attorney General and the Cabinet for Health and Family Services. The fact sheet shall include referral information for legal aid agencies in the Commonwealth and national hotlines for domestic violence and sexual assault. (9) The court may make any other orders that the court deems appropriate for the minor's protection and may impose any other condition on the grant of the petition that the court determines is reasonable under the circumstances for the minor's protection. (10) The court may set a fee not to exceed twenty dollars ($20) to file a petition for permission to marry under this section. Effective: July 14, 2018 History: Created 2018 Ky. Acts ch. 36, sec. 7, effective July 14, 2018.

KRS 402.210 Requirements for issuance of license

402.210. Requirements for issuance of license (1) Both parties to a marriage shall: (a) Be present for a marriage license to be issued; and (b) Present to the county clerk documentary proof of age in the form of: 1. A copy of a birth record; 2. A certification of birth issued by the state department of health, a local registrar of vital statistics, or other public office charged with similar duties by the laws of another state, territory, or country; 3. A baptismal record showing the individual's date of birth; 4. A passport; 5. An automobile driver's license; 6. Any government or school issued identification card showing the individual's date of birth; 7. An immigration record showing the individual's date of birth; 8. A naturalization record showing the individual's date of birth; or 9. A court record or any other document or record issued by a government entity showing the individual's date of birth. (2) If either of the parties is under seventeen (17) years of age, no license shall be issued. (3) If either of the parties is seventeen (17) years of age, a marriage license shall not be issued unless: (a) The party who is seventeen (17) years of age presents to the clerk a certified copy of a court order by a family court or District Court judge that grants the party permission to marry and removes the party's disability of minority, as provided in KRS 402.205; and (b) At least fifteen (15) days have elapsed since the court order was granted. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 36, sec. 4, effective July 14, 2018. -- Amended 1998 Ky. Acts ch. 122, sec. 3, effective March 26, 1998 and ch. 258, sec. 6, effective July 15, 1998. -- Amended 1988 Ky. Acts ch. 212, sec. 3, effective July 15, 1988. -- Amended 1974 Ky. Acts ch. 386, sec. 93. -- Amended 1968 Ky. Acts ch. 100, sec. 15. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2106.

KRS 402.220 Return of license and certificate to clerk after ceremony

402.220. Return of license and certificate to clerk after ceremony 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. 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.

KRS 402.230 Filing of marriage certificate -- Record of marriages

402.230. Filing of marriage certificate -- Record of marriages 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. 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.

KRS 402.235 Correction of license by clerk -- Affidavit -- Penalty for false statement

402.235. Correction of license by clerk -- Affidavit -- Penalty for false statement (1) A clerk of the county where a marriage license was issued or recorded, upon receipt of an affidavit executed by both parties to the marriage, may correct a marria ge application or marriage license that contains errors or omitted information. The corrections may include but are not limited to: (a) Misspelling of a participant's name or address; (b) Misspelling of the name of a parent or witness; (c) Omitted witness, county of marriage, or officiant information; or (d) Incorrect: 1. Occupational information; 2. Marriage date; 3. Location of birth; or 4. Parent information. (2) Nothing in this section shall preclude the parties from obtaining a corrected marriage license by an order of the court pertaining to any of the information in subsection (1) of this section or as may be otherwise required by law. (3) Any person who intentionally makes a material false statement in the affidavit shall be subject to the penalties prescribed in KRS 523.030. Effective: June 27, 2025 History: Created 2025 Ky. Acts ch. 135, sec. 1, effective June 27, 2025.

KRS 402.240 County judge/executive to issue license in absence of clerk

402.240. County judge/executive to issue license in absence of clerk 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. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2113.

KRS 402.250 Circuit Court may affirm or avoid marriage

402.250. Circuit Court may affirm or avoid marriage 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 of the age of majority, as defined by KRS 2.015 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. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 36, sec. 5, effective July 14, 2018. -- 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.

KRS 402.260 Repealed, 2018

402.260. Repealed, 2018 Catchline at repeal: Receivership for person under eighteen who marries without judicial consent. History: Repealed 2018 Ky. Acts ch. 36, sec. 6, effective July 14, 2018. -- 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.

KRS 402.270 Marriage manual -- Preparation by Human Resources Coordinating Commission for distribution to marriage applicants

402.270. Marriage manual -- Preparation by Human Resources Coordinating Commission for distribution to marriage applicants (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. History: Amended 1976 Ky. Acts ch. 62, sec. 123. -- Created 1972 Ky. Acts ch. 26, sec. 1.

KRS 402.310 Sickle Cell Disease Detection Act

402.310. Sickle Cell Disease Detection Act KRS 402.310 to 402.340 may be cited as the Kentucky Sickle Cell Disease Detection Act of 1972. History: Created 1972 Ky. Acts ch. 122, sec. 1.

KRS 402.320 Marriage license applicants to be tested for trait or genetically transmitted disease affecting hemoglobin -- Counseling carriers

402.320. Marriage license applicants to be tested for trait or genetically transmitted disease affecting hemoglobin -- Counseling carriers 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. 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.

KRS 402.330 Repealed, 1974

402.330. Repealed, 1974 Catchline at repeal: Testing of newborn child for sickle cell trait or disease. History: Repealed 1974 Ky. Acts ch. 273, sec. 3. -- Created 1972 Ky. Acts ch. 122, sec. 3.

KRS 402.340 Secretary for Health and Family Services to administer and enforce Sickle Cell Disease Detection Act

402.340. Secretary for Health and Family Services to administer and enforce Sickle Cell Disease Detection Act 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. 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.

KRS 402.990 Penalties

402.990. Penalties (1) Any party to a marriage prohibited by KRS 402.010 shall be guilty of a Class B misdemeanor. If the parties continue after conviction to cohabit as man and wife, either or both of them shall be guilty of a Class A misdemeanor. (2) Any person who aids or abets the marriage of any person who has been adjudged mentally disabled, or attempts to marry, or aids or abets any attempted marriage with any such person shall be guilty of a Class B misdemeanor. (3) Any authorized person who knowingly solemnizes a marriage prohibited by this chapter shall be guilty of a Class A misdemeanor. (4) Any unauthorized person who solemnizes a marriage under pretense of having authority, and any person who falsely personates the father, mother, or guardian of an applicant in obtaining a license shall be guilty of a Class D felony. (5) Any person who falsely and fraudulently represents or personates another, and in such assumed character marries that person, shall be guilty of a Class D felony. Indictment under this subsection shall be found only upon complaint of the injured party and within two (2) years after the commission of the offense. (6) Any clerk who knowingly issues a marriage license to any persons prohibited by this chapter from marrying shall be guilty of a Class A misdemeanor and removed from office by the judgment of the court in which he is convicted. (7) Any clerk who knowingly issues a marriage license in violation of his duty under this chapter shall be guilty of a Class A misdemeanor. (8) If any deputy clerk or any person other than a county clerk knowingly issues a marriage license in violation of this chapter, but not for a prohibited marriage, he shall be guilty of a Class A misdemeanor, and if he knowingly issues a license for a marriage prohibited by this chapter, he shall be guilty of a Class A misdemeanor. (9) Any person who violates any of the provisions of KRS 402.090 shall be guilty of a violation. (10) Any county clerk who violates any of the provisions of KRS 402.110 or 402.230 shall be guilty of a violation. (11) Any person failing to make the return required of him by KRS 402.220 shall be guilty of a violation. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 205, sec. 2, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 463, sec. 45, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 141, sec. 114, effective July 1, 1982; and ch. 146, sec. 2, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 92, sec. 13, effective June 17, 1978; and ch. 384, sec. 519, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 273, sec. 2. -- Amended 1972 Ky. Acts ch. 122, sec. 5. -- Amended 1970 Ky. Acts ch. 92, sec. 94. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat secs. 216aa-50, 1209, 1210, 2103, 2103a, 2104, 2105a-2c, 2105a-5, 2107, 2109, 2110, 2111, 2112, 2114. Note: 1980 Ky. Acts ch. 396, sec. 125 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39205Fetched: 10/20/2026

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