8 chapters · 325 sections in this title.
KRS § 401.010 Adult may have name changed by District Court
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Any person at least eighteen (18) years of age may have his or her name changed by the District Court of the county in which he or she resides. If he or she resides on a United States Army post, military reservation, or fort, his or her name may be changed by the District Court o…
KRS § 401.020 Parents or guardian may have child's name changed in District, Family, or Circuit Court -- Relevant factors
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Circuit Court -- Relevant factors. (1) Both parents, provided both are living, or one (1) parent if one (1) is deceased, or if no parent is living, the guardian, may have the name of a child under the age of eighteen (18) changed by the District Court, or if the Family Court or C…
KRS § 401.030 Information to be entered on order book of court
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The original name, age, and place of birth, the name to which the change is made, and the names of the infant's father and mother, if known, and of the person on whose motion the change is made shall be entered on the order book of the District Court, Family Court, or Circuit Cou…
KRS § 401.040 Certification of order for name change -- Fee -- Index kept by county clerk
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clerk. (1) (a) If the District Court, Family Court, or Circuit Court, as authorized by KRS 401.020, orders any person's name to be changed under this chapter, a copy of the order shall be certified by the clerk of that court to the county clerk, for record, unless the court has o…
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…
KRS § 403.010 Court may grant divorce -- Remarriage
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A jury shall not be impaneled in any action for divorce, alimony or maintenance, but courts having general jurisdiction may grant a divorce for the cause set out in this chapter. A decree of dissolution of marriage authorizes either party to marry again.
KRS § 403.025 Proof in action for dissolution of marriage; credible witnesses
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(1) The statements of a petition for dissolution of marriage concerning the residence of the parties and irretrievable breakdown of the marriage shall not be taken as true because of the respondent's failure to deny the statements, and the facts as to residence of the parties mus…
KRS § 403.033 Advisory committee appointment -- Functions -- Recommendations
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The judge of any Circuit Court may appoint an advisory committee to counsel with litigants in divorce actions. The committee shall serve without salary or expenses. The court may request the parties involved in these proceedings to appear before the said committee at a designated…
KRS § 403.036 Mediation not to be ordered unless conditions are met
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In any court proceeding conducted pursuant to KRS 403.010 to 403.350, if there is a finding of domestic violence and abuse, as defined in KRS 403.720, the court shall not order mediation unless requested by the victim of the alleged domestic violence and abuse, and the court find…
KRS § 403.040 Annulment of divorce decree -- Effect
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The court rendering a judgment for divorce may, at any time, annul it on the joint application of the parties, and restore the parties to the condition of husband and wife. The annulment voids the divorce decree and any separation agreement.
KRS § 403.041 Judgment of divorce may be annulled
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A judgment of divorce from the bond of matrimony may be annulled by the court which rendered it, upon a petition verified by the parties in person so requesting.
KRS § 403.042 Judgment of divorce from bed and board may be annulled
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A judgment of divorce from bed and board may be annulled by the court which rendered it, at the instance of either party showing just cause therefor in an equitable action.
KRS § 403.044 Testimony in certain cases not taken for sixty days after complaint filed
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In divorce actions in which there are minor children who are the issue of the marriage no testimony other than on temporary motions shall be taken or heard before sixty (60) days have elapsed from the date of service of summons, the appointment of a warning order attorney or the …
KRS § 403.050 Divorce from bed and board -- Grounds and legal effect
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Divorce from bed and board may be rendered for any cause that allows divorce, or for any other cause that the court in its discretion considers sufficient. A divorce from bed and board shall operate as to property thereafter acquired, and upon the personal rights and legal capaci…
KRS § 403.090 Friend of the court -- Appointment -- Tenure -- Duties -- Wage withholding collections -- Compensation
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withholding collections -- Compensation. (1) The fiscal court of any county may, by resolution, authorize the appointment of a "friend of the court." If the Circuit Court of the county has but one (1) judge, the appointment shall be made by the judge. If the court has two (2) or …
KRS § 403.100 Compensation of guardian ad litem when petitioner is victim of KRS Chapter 507, 508, 509, or 510 offense committed by respondent
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Chapter 507, 508, 509, or 510 offense committed by respondent. In any court proceeding conducted pursuant to KRS 403.010 to 403.350, if the respondent is incarcerated for a conviction pursuant to KRS Chapter 507, 508, 509, or 510, where the petitioner is the victim, the guardian …
KRS § 403A.101 Short title
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This chapter may be cited as the Uniform Deployed Parents Custody and Visitation Act.
KRS § 403A.102 Definitions for chapter
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As used in this chapter: (1) "Adult" means an individual who has attained eighteen (18) years of age or an emancipated minor; (2) "Caretaking authority" means the right to live with and care for a child on a day-to- day basis. The term includes physical custody, parenting time, r…
KRS § 403A.103 Remedies for noncompliance
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In addition to other remedies under law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may ass…
KRS § 403A.104 Jurisdiction
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4403A.104 Jurisdiction. (1) A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, KRS 403.800 to 403.880. (2) If a court has issued a temporary order re…
KRS § 403A.105 Notification required of deploying parent
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(1) Except as otherwise provided in subsection (4) of this section, and subject to subsection (3) of this section, a deploying parent shall notify in a record the other parent of a pending deployment not later than seven (7) days after receiving notice of deployment unless reason…
KRS § 403A.106 Duty to notify of change of address
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(1) Except as otherwise provided in subsection (2) of this section, an individual to whom custodial responsibility has been granted during deployment pursuant to KRS 403A.201 to 403A.205 or 403A.301 to 403A.311 shall notify the deploying parent and any other individual with custo…
KRS § 403A.107 General consideration in custody proceeding of parent's military service
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In a proceeding for custodial responsibility of a child of a service member, a court may not consider a parent's past deployment or possible future deployment in itself in determining the best interest of the child but may consider any significant impact on the best interest of t…
KRS § 403.110 Purpose of chapter
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This chapter shall be liberally construed and applied to promote its underlying purposes, which are to: (1) Strengthen and preserve the integrity of marriage and safeguard family relationships; (2) Promote the amicable settlement of disputes that have arisen between parties to a …
KRS § 403.120 Marriage -- Court may declare invalid
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(1) The Circuit Court shall enter its decree declaring the invalidity of a marriage entered into under the following circumstances: (a) A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or deformity or …
KRS § 403.130 Rules of Civil Procedure to apply
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(1) The Rules of Civil Procedure apply to all proceedings under this chapter, except as otherwise provided in this chapter. (2) A proceeding for dissolution of marriage, legal separation, or declaration of invalidity of marriage shall be entitled "In re the Marriage of .... and .…