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MARRIAGE LAW IN KENTUCKY
The marriage law in the State of Kentucky is governed by the title 35 of Kentucky Revised Code. As defined by the law of the State a marriage refers only to the civil status, condition, or relation of one man and one woman united in law for life. The marriage is 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.
VOID MARRIAGES
As prescribed by the law of the State a marriage is prohibited and void:
- With a person who has been adjudged mentally disabled by a court of competent jurisdiction;
- Where there is a husband or wife living, from whom the person marrying has not been divorced;
- When not solemnized or contracted in the presence of an authorized person or society;
- Between members of the same sex;
- Between more than two (2) persons;
- Between persons who are nearer of kin to each other by consanguinity, whether of the whole or half-blood, than second cousins.
However the Courts having general jurisdiction may declare void:
- any marriage obtained by force or fraud.
- 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 and has not been ratified by cohabitation after that age.
- The person was under sixteen (16) years of age at the time of the marriage;
- The marriage was not conducted with the permission of a District Judge, in the form of a written court order; and
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The marriage has not been ratified by cohabitation after the person reached eighteen (18) years of age.
DOCUMENTS REQUIRED
The following documents are required to be produced by the persons wishing to marry each other, while applying for marriage license in the counties of Kentucky:
- Passport, Drivers License as a picture ID
- Social Security card,
- Birth Certificate for age proof
However both the bride and groom must appear in person at the time of applying.
MARRIAGE LICENSE
A marriage cannot be solemnized without a license. An application for a marriage license may be made by written request of the female. The male may join in the application but it appears essential that the application be made and signed by the female. Normally both the man and woman execute an application for the license in person in the clerk's office but only the female's signature to the application is essential.
The license is 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.
The 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:
- A marriage license which provides for the entering of:
- 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;
- 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, full names of parents, and the Social Security number of each party if that party has a Social Security number; and
- The date and place the license is issued, and the signature of the county clerk or deputy clerk issuing the license.
- A marriage certificate which provides for the entering of:
- 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;
- A statement by the person performing the marriage ceremony of his legal qualification. 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 to solemnize marriages, the name of the city or county where the religious society is incorporated.
- A dated signature of the person performing the ceremony; and
A signed statement by the county clerk or a deputy county clerk of the county in which the marriage licenses 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.
MARRIAGEABLE AGE
As per the law of the state one may marry if he is 18years or above. However, persons of 16 or 17 years old, must have the consent of their parents or legal guardian. Custody papers are required if parents are divorced. The form that they need to have completed is the Consent to Marriage Form (84-FCC-501). It has to be witnessed by two witnesses, who are at least 18 years old, signed by the parent or legal guardian, and sworn by the deputy clerk. If the bride is a pregnant minor you may apply to a district court judge for permission to marry without parental consent. If one is under 16, he/she must get approval to marry from the District Court. Minors cannot get married in Kentucky if parents or guardians are not residents of Kentucky.
VALIDITY OF LICENSE
A marriage license is valid for 30 days. The license can only be used within the State of Kentucky.
FEES
The fee of $34.50 for obtaining marriage license is to Cash, Certified Check, Cashier's Check, or Money Order. Fee is non-refundable.
SOLEMNIZATION OF MARRIAGE
Persons authorized to solemnize the marriage
Marriage shall be solemnized only by:
- Ministers of the gospel or priests of any denomination in regular communion with any religious society;
- 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.
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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.
Venue of marriages
A minister or priest may perform marriages anywhere in Kentucky. All of the justices and judges of the Court of Justice and justices of the peace and fiscal court commissioners are entitled to solemnize marriages anywhere in Kentucky. Such solemnizing officials may solemnize a marriage, under a Kentucky marriage license, in an airplane flight while over Kentucky and in the air space within Kentucky's boundaries.
At least two persons in addition to the parties and the person solemnizing the marriage must be present at every marriage. The witnesses to the marriage may be under the age of eighteen, if in the opinion of the person solemnizing the marriage, they are sufficiently intelligent to observe, recollect and narrate the critical facts as to the marriage and identity of the parties to the marriage, and have a moral sense of obligation to speak the truth, if called upon to do so.
RETURN OF LICENSE TO CLERK AFTER CEREMONY
The person solemnizing the marriage or the clerk of the religious society before whom it was solemnized shall within one 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 the marriage ceremony and the names of at least two of the persons present.
Even though the person solemnizing the marriage does not return the license and certificate to the county clerk within the one month period, the clerk has the duty and authority to file the certificate and record the data.
When the license and certificate reach the clerk after the one month period has elapsed the clerk should make a note of the deadline date and the date of acceptance.
ADDRESSES KENTUCKY COUNTY CLERK'S OFFICE
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Adair County Clerk
Columbia, KY
502.384.2801
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Allen County Clerk
Scottsville, KY
502.237.3706
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Anderson County Clerk
Lawrenceburg, KY
502.839.3041 |
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Ballard County Clerk
Wickliffe, KY
502.335.5168
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Barren County Clerk
Glasgow, KY
502.651.3783
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Bath County Clerk
Owingsville, KY
606.674.2613 |
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Bell County Clerk
Pineville, KY
606.337.6143
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Boone County Clerk
Burlington, KY
606.334.2206
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Bourbon County Clerk
Paris, KY
606.987.2142 |
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Boyd County Clerk
Catlettsburg, KY
606.739.5116
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Boyle County Clerk
Danville, KY
606.238.1110
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Bracken County Clerk
Brooksville, KY
606-735-2952 |
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Breathitt County Clerk
Jackson, KY
606.666.3810
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Breckinridge County Clerk, Hardinsburg, KY
502.756.2246
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Bullitt County Clerk
Shepherdsville, KY
502.543.2513 |
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Butler County Clerk
Morgantown, KY
502.526.5676
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Caldwell County Clerk
Princeton, KY
502.365.6754
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Callloway County Clerk
Murry, KY
502.753.3923
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Campbell County Clerk
Newport, KY
606.292.3845
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Carlisle County Clerk
Bardwell, KY
502.628.3233 |
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Carroll County Clerk
Carrollton, KY
502.732.7005
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Carter County Clerk
Grayson, KY
606.474.5188
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Casey County Courthouse
Liberty, KY
606.787.6471 |
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Christian County Clerk
Hopkinsville, KY
502.887.4105
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Clark County Clerk
Winchester, KY
606.745.0280
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Clay County Clerk
Manchester, KY
606.598.2544 |
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Clinton County Clerk
Albany, KY
606.387.5943
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Crittenden County Clerk
Marion, KY
502.965.3403
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Cumberland County Recorder
Burkesville, KY
502.864.3726 |
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Daviess County Clerk
Owensboro, KY
502.685.8434
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Edmondson County Recorder
Brownsville, KY
502.597.2624
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Elliot County Clerk
Sandy Hook, KY
606.738.5421 |
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Estill County Clerk
Irvine, KY
606.723.5156
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Fayette County Clerks
Lexington, KY
606.253.3344
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Fleming County Clerks
Flemingsburg, KY
606.845.8461 |
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Floyd County Clerk
Prestonsburg, KY
606.886.3816
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Franklin County Clerk
Frankfurt, KY
502.875.8702
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Fulton County Clerk
Hickman, KY
502.236.2727 |
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Gallatin County Clerk
Warsaw, KY
606.567.5411
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Garrard County Court
Lancaster, KY
606.792.3071
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Grant County Clerk
Williamstown, KY
606.824.3321 |
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Graves County Clerk
Kentucky, KY
502.247.1697
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Grayson County Clerk
Leitchfield, KY
502.259.3201
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Green County Clerk
Greensburg, KY
502.932.5386 |
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Greenup County Clerk
Greenup, KY
606.473.7331
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Hancock County Clerk
Hawesville, KY
502.927.8137
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Hardin County Clerk
Elizabethtown, KY
502.765.2171 |
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Harlan County Clerk
Harlan, KY
606.573.3636
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Harrison County Clerk
Cynthiana, KY
606.234.7130
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Hart County Clerk
Munfordville, KY
502.524.2751 |
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Henderson County Clerk
Henderson, KY
502.826.3906
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Henry County Clerk
Newcastle, KY
502.845.5705
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Hickman County Clerk
Clinton, KY
502.653.2131 |
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Hopkins County Clerk
Madisonville, KY
502.821.7361
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Jackson County Clerk
McKee, KY
606.287.7800
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Jefferson County Clerk
Louisville, KY
502.574.5700 |
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Jessamine County Clerk
Nicholasville, KY
606.885.4161
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Johnson County Clerk
Paintsville, KY
606.789.2557
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Kenton County Clerk
Covington, KY
606.491.0702 |
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Kenton-I County Clerk
Independence, KY
606.356.9272
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Knott County Clerks
Hindman, KY
606.785.5651
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Knox County Clerk
Barbourville, KY
606.546.3568 |
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Larue County Clerk
Hodgenville, KY
502.358.3544
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Laurel County Clerk
London, KY
606.864.5158
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Lawrence County Clerk
Louisa, KY
606.638.4108 |
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Lee County Clerk
Beattyville, KY
606.464.4115
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Leslie County Clerk
Hyden, KY
606.672.2193
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Letcher County Clerk
Whitesburg, KY
606.633.2432 |
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Lewis County Clerk
Vanceburg, KY
606.796.3062
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Lincoln County Clerk
Stanford, KY
606.365.4570
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Livingston County Clerk
Smithland, KY
502.928.2162 |
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Logan County Clerk
Russellville, KY
502.726.6061
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Lyon County Clerk
Eddyville, KY
502.388.2331
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Madison County Clerk
Richmond, KY
606.624.4707 |
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Magoffin County Clerk
Salyersville, KY
606.349.2216
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Marion County Clerk
Lebanon, KY
502.692.2651
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Marshall County Clerk
Benton, KY
502.527.4740 |
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Martin County Clerk
Inez, KY
606.298.2810
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Mason County Clerk
Mayville, KY
606.564.3341
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McCracken County Clerk
Paducah, KY
502.444.4700 |
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McCreary County Clerk
Whitley City, KY
606.376.2411
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Mc Lean County Clerk
Calhoun, KY
502.273.3082
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Meade County Court Clerk
Brandenburg, KY
502.422.2152 |
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Manifee County Clerk
Frenchburg, KY
606.768.3512
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Mercer County Recorder
Harrodsburg, KY
606.734.6310
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Metcalfe County Clerk
Edmonton, KY
502.432.4821 |
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Monroe County Clerk
Tompkinsville, KY
502.487.5471
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Montgomery County Clerk
Mount Sterling, KY
606.498.8700
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Morgan County Court Clerk
West Liberty, KY
606.743.3949 |
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Nelson County Clerk
Bardstown, KY
502.348.1830
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Nicholas County Clerk
Carlisle, KY
606.289.3730
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Ohio County Recorder
Hartford, KY
502.298.3673 |
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Oldham County Clerk
La Grange, KY
502.222.9311
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Owen County Clerk
Owenton, KY
502.484.2213
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Owsley County Clerk
Booneville, KY
606.593.5735 |
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Pendleton County Clerk
Falmouth, KY
606.654.3380
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Perry County Clerk
Hazard, KY
606.436.2812
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Pike County Clerk
Pikeville, KY
606.432.6247 |
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Powell County Clerk
Stanton, KY
606.663.6444
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Pulaski County Clerk
Somerset, KY
606.679.2042
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Robertson County Clerk
Mount Olivet, KY
606.724.5212 |
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Rockcastle County Clerk
Mount Vernon, KY
606.256.2831
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Rowan County Clerk
Morehead, KY
606.784.5212
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Russell County Clerk
Jamestown, KY
502.343.2125 |
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Scott County Courthouse
Georgetown, KY
502.863.7875
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Shelby County Clerk
Shelbyville, KY
502.633.4410
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Simpson County Clerk
Franklin, KY
502.586.8161 |
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Spencer County Clerk
Taylorsville, KY
502.477.3215
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Taylor County Clerk
Campbellsville, KY
502.465.7011
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Todd County Clerk
Elkton, KY
502.265.2363 |
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Trigg County Clerk
Cadiz, KY
502.522.6661
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Trimble County Clerk
Bedford, KY
502.255.7174
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Union County Clerk
Morganfield, KY
502.389.1334 |
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Warren County Clerk
Bowling Green, KY
502.842.9416
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Washington County Clerk
Springfield, KY
606.336.5425
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Wayne County Clerk
Monticello, KY
606.348.5721 |
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Webster County Clerk
Dixon, KY
502.639.7006
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Whitley County Clerk
Williamsburg, KY
606.549.6035
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Woodford County Clerk
Versailles, KY
606.873.3421 |
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