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Home > Kentucky > Marriage Law
Marriage Law Kentucky
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:
  1. With a person who has been adjudged mentally disabled by a court of competent jurisdiction;
  2. Where there is a husband or wife living, from whom the person marrying has not been divorced;
  3. When not solemnized or contracted in the presence of an authorized person or society;
  4. Between members of the same sex;
  5. Between more than two (2) persons;
  6. 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:

  1. any marriage obtained by force or fraud.
  2. 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.
  3. The person was under sixteen (16) years of age at the time of the marriage;
  4. The marriage was not conducted with the permission of a District Judge, in the form of a written court order; and
  5. 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:
  1. Passport, Drivers License as a picture ID
  2. Social Security card,
  3. 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:
  1. A marriage license which provides for the entering of:
    1. 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;
    2. 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
    3. 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:
    1. 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;
    2. 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.
  3. 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:
  1. Ministers of the gospel or priests of any denomination in regular communion with any religious society;
  2. 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.
  3. 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
Adair County Clerk
Columbia, KY
502.384.2801

Allen County Clerk
Scottsville, KY
502.237.3706

Anderson County Clerk
Lawrenceburg, KY
502.839.3041

Ballard County Clerk
Wickliffe, KY
502.335.5168

Barren County Clerk
Glasgow, KY
502.651.3783

Bath County Clerk
Owingsville, KY
606.674.2613

Bell County Clerk
Pineville, KY
606.337.6143

Boone County Clerk
Burlington, KY
606.334.2206

Bourbon County Clerk
Paris, KY
606.987.2142

Boyd County Clerk
Catlettsburg, KY
606.739.5116

Boyle County Clerk
Danville, KY
606.238.1110

Bracken County Clerk
Brooksville, KY
606-735-2952

Breathitt County Clerk
Jackson, KY
606.666.3810

Breckinridge County Clerk, Hardinsburg, KY
502.756.2246

Bullitt County Clerk
Shepherdsville, KY
502.543.2513

Butler County Clerk
Morgantown, KY
502.526.5676

Caldwell County Clerk
Princeton, KY
502.365.6754

 

Callloway County Clerk
Murry, KY
502.753.3923

Campbell County Clerk
Newport, KY
606.292.3845

Carlisle County Clerk
Bardwell, KY
502.628.3233

Carroll County Clerk
Carrollton, KY
502.732.7005

Carter County Clerk
Grayson, KY
606.474.5188

Casey County Courthouse
Liberty, KY
606.787.6471

Christian County Clerk
Hopkinsville, KY
502.887.4105

Clark County Clerk
Winchester, KY
606.745.0280

Clay County Clerk
Manchester, KY
606.598.2544

Clinton County Clerk
Albany, KY
606.387.5943

Crittenden County Clerk
Marion, KY
502.965.3403

Cumberland County Recorder
Burkesville, KY
502.864.3726

Daviess County Clerk
Owensboro, KY
502.685.8434

Edmondson County Recorder
Brownsville, KY
502.597.2624

 

Elliot County Clerk
Sandy Hook, KY
606.738.5421

Estill County Clerk
Irvine, KY
606.723.5156

Fayette County Clerks
Lexington, KY
606.253.3344

Fleming County Clerks
Flemingsburg, KY
606.845.8461

Floyd County Clerk
Prestonsburg, KY
606.886.3816

Franklin County Clerk
Frankfurt, KY
502.875.8702

Fulton County Clerk
Hickman, KY
502.236.2727

Gallatin County Clerk
Warsaw, KY
606.567.5411

Garrard County Court
Lancaster, KY
606.792.3071

Grant County Clerk
Williamstown, KY
606.824.3321

Graves County Clerk
Kentucky, KY
502.247.1697

Grayson County Clerk
Leitchfield, KY
502.259.3201

Green County Clerk
Greensburg, KY
502.932.5386

Greenup County Clerk
Greenup, KY
606.473.7331

Hancock County Clerk
Hawesville, KY
502.927.8137

Hardin County Clerk
Elizabethtown, KY
502.765.2171

Harlan County Clerk
Harlan, KY
606.573.3636

Harrison County Clerk
Cynthiana, KY
606.234.7130

Hart County Clerk
Munfordville, KY
502.524.2751

Henderson County Clerk
Henderson, KY
502.826.3906

Henry County Clerk
Newcastle, KY
502.845.5705

Hickman County Clerk
Clinton, KY
502.653.2131

Hopkins County Clerk
Madisonville, KY
502.821.7361

Jackson County Clerk
McKee, KY
606.287.7800

Jefferson County Clerk
Louisville, KY
502.574.5700

Jessamine County Clerk
Nicholasville, KY
606.885.4161

Johnson County Clerk
Paintsville, KY
606.789.2557

Kenton County Clerk
Covington, KY
606.491.0702

Kenton-I County Clerk
Independence, KY
606.356.9272

Knott County Clerks
Hindman, KY
606.785.5651

Knox County Clerk
Barbourville, KY
606.546.3568

Larue County Clerk
Hodgenville, KY
502.358.3544

Laurel County Clerk
London, KY
606.864.5158

Lawrence County Clerk
Louisa, KY
606.638.4108

Lee County Clerk
Beattyville, KY
606.464.4115

Leslie County Clerk
Hyden, KY
606.672.2193

Letcher County Clerk
Whitesburg, KY
606.633.2432

Lewis County Clerk
Vanceburg, KY
606.796.3062

Lincoln County Clerk
Stanford, KY
606.365.4570

Livingston County Clerk
Smithland, KY
502.928.2162

Logan County Clerk
Russellville, KY
502.726.6061

Lyon County Clerk
Eddyville, KY
502.388.2331

Madison County Clerk
Richmond, KY
606.624.4707

Magoffin County Clerk
Salyersville, KY
606.349.2216

Marion County Clerk
Lebanon, KY
502.692.2651

Marshall County Clerk
Benton, KY
502.527.4740

Martin County Clerk
Inez, KY
606.298.2810

Mason County Clerk
Mayville, KY
606.564.3341

McCracken County Clerk
Paducah, KY
502.444.4700

McCreary County Clerk
Whitley City, KY
606.376.2411

Mc Lean County Clerk
Calhoun, KY
502.273.3082

Meade County Court Clerk
Brandenburg, KY
502.422.2152

Manifee County Clerk
Frenchburg, KY
606.768.3512

Mercer County Recorder
Harrodsburg, KY
606.734.6310

Metcalfe County Clerk
Edmonton, KY
502.432.4821

Monroe County Clerk
Tompkinsville, KY
502.487.5471

Montgomery County Clerk
Mount Sterling, KY
606.498.8700

Morgan County Court Clerk
West Liberty, KY
606.743.3949

Nelson County Clerk
Bardstown, KY
502.348.1830

Nicholas County Clerk
Carlisle, KY
606.289.3730

Ohio County Recorder
Hartford, KY
502.298.3673

Oldham County Clerk
La Grange, KY
502.222.9311

Owen County Clerk
Owenton, KY
502.484.2213

Owsley County Clerk
Booneville, KY
606.593.5735

Pendleton County Clerk
Falmouth, KY
606.654.3380

Perry County Clerk
Hazard, KY
606.436.2812

Pike County Clerk
Pikeville, KY
606.432.6247

Powell County Clerk
Stanton, KY
606.663.6444

Pulaski County Clerk
Somerset, KY
606.679.2042

Robertson County Clerk
Mount Olivet, KY
606.724.5212

Rockcastle County Clerk
Mount Vernon, KY
606.256.2831

Rowan County Clerk
Morehead, KY
606.784.5212

Russell County Clerk
Jamestown, KY
502.343.2125

Scott County Courthouse
Georgetown, KY
502.863.7875

Shelby County Clerk
Shelbyville, KY
502.633.4410

Simpson County Clerk
Franklin, KY
502.586.8161

Spencer County Clerk
Taylorsville, KY
502.477.3215

Taylor County Clerk
Campbellsville, KY
502.465.7011

Todd County Clerk
Elkton, KY
502.265.2363

Trigg County Clerk
Cadiz, KY
502.522.6661

Trimble County Clerk
Bedford, KY
502.255.7174

Union County Clerk
Morganfield, KY
502.389.1334

Warren County Clerk
Bowling Green, KY
502.842.9416

Washington County Clerk
Springfield, KY
606.336.5425

Wayne County Clerk
Monticello, KY
606.348.5721

Webster County Clerk
Dixon, KY
502.639.7006

Whitley County Clerk
Williamsburg, KY
606.549.6035

Woodford County Clerk
Versailles, KY
606.873.3421



 
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