Title XXXV, Domestic Relations
8 chapters · 325 sections in this title.
KRS § 402.005 Definition of marriage
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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 as…
KRS § 402.010 Degree of relationship that will bar marriage
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(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.
KRS § 402.020 Other prohibited marriages
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(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 pres…
KRS § 402.030 Courts may declare certain marriages void
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(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 insta…
KRS § 402.040 Marriage in another state
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(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 b…
KRS § 402.045 Same-sex marriage in another jurisdiction void and unenforceable
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(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.
KRS § 402.050 Who may solemnize marriage -- Persons present
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(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 caus…
KRS § 402.070 Marriage not invalid for want of authority to solemnize
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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.
KRS § 402.080 Marriage license required -- Who may issue
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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, …
KRS § 402.090 Soliciting persons to be married by particular person -- Sharing remuneration -- Solicitation by minister or justice of the peace
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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…
KRS § 402.100 Marriage license -- Marriage certificate -- Confidentiality of Social Security or other government-issued identification card numbers
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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 …
KRS § 402.105 Marriage license valid for thirty days
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A marriage license shall be valid for thirty (30) days, including the date it is issued, and after that time it shall be invalid.
KRS § 402.110 Marriage license to be uniform and completely filled out -- Exception under KRS 402.100
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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…
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
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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 Cour…
KRS § 402.210 Requirements for issuance of license
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(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 regist…
KRS § 402.220 Return of license and certificate to clerk after ceremony
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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 …
KRS § 402.230 Filing of marriage certificate -- Record of marriages
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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 shal…
KRS § 402.235 Correction of license by clerk -- Affidavit -- Penalty for false statement
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(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 marriage application or marriage license that contains errors or omitted information. The corrections may include but ar…
KRS § 402.240 County judge/executive to issue license in absence of clerk
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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 t…
KRS § 402.250 Circuit Court may affirm or avoid marriage
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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 m…
KRS § 402.270 Marriage manual -- Preparation by Human Resources Coordinating Commission for distribution to marriage applicants
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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,…
KRS § 402.310 Sickle Cell Disease Detection Act
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KRS 402.310 to 402.340 may be cited as the Kentucky Sickle Cell Disease Detection Act of 1972.
KRS § 402.320 Marriage license applicants to be tested for trait or genetically transmitted disease affecting hemoglobin -- Counseling carriers
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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 l…
KRS § 402.340 Secretary for Health and Family Services to administer and enforce Sickle Cell Disease Detection Act
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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.
KRS § 402.990 Penalties
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(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 a…