Marriage Licenses

Marriage licenses are issued in the County Clerk's office. Both bride and groom must appear together. The license is valid for 30 days from the date of issuance and the license fee is non-refundable. The license must be used within the State of Kentucky

The Application fee for a Marriage license in Kentucky is $60.

Age Requirements


VI. Marriage with person under age 18 prohibited.
Under KRS 402.020(1)(f), a marriage in which one or both parties are under age 18 at the time of marriage is prohibited and void.

A. Exceptions.

A marriage where one or both parties is under age 18 will be valid if it was entered into in the Commonwealth of Kentucky prior to July 14, 2018, or if it was entered into lawfully in another state or country prior to the parties residing in the Commonwealth of Kentucky. KRS 402.020(2). The General Assembly has also provided a qualified exception for 17-year olds. See KRS 402.205.

B. Special process if 17-year old applies for a marriage license.

Under KRS 402.205, a 17-year old may petition the family court or the District Court (if there is no family court) in the county in which the minor resides for an order granting permission to marry. The court may impose a fee of no more than $20 to file the petition. KRS 402.205(10). For the petition to be legally adequate, it must contain personal information, an affidavit attesting a parent or guardian’s consent to the marriage, a statement detailing why the minor petitioner seeks to marry, evidence of the petitioner’s maturity, and copies of any criminal records of the parties seeking to marry. For an exhaustive list of the statutory requirements of the petition, and what documents may satisfy each element, consult KRS 402.205.

Once the petition is filed, the court must set a date for an evidentiary hearing that is no sooner than 30 days, but not later than 60 days, from the date of the filing. KRS 402.205(2). The petitioner may be represented by counsel during the proceeding. KRS 402.205(3). It is the court’s duty to ensure that any representations made by a minor party are free of coercion, undue influence, or duress, and may take any reasonable measures to do so. KRS 402.205(4). If the court grants the minor’s petition for permission to marry, county clerks may rely on the court’s determination that the petitioners met the requirements for the exception.

A past or current pregnancy of the minor or the intended spouse is not sufficient evidence to establish that the best interests of the minor would be served by granting the petition for permission to marry. KRS 402.205(6). This reflects a change in Kentucky minor-marriage jurisprudence, which traditionally recognized a current pregnancy as legitimate grounds for granting permission to a minor to marry as in her best interests. As of 2018, that is no longer the case.

If the court grants the petition for permission to marry, all disabilities of minority are removed. KRS 402.205(7). A minor whose petition is granted shall be considered to be emancipated and 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. KRS 402.205(7). Upon emancipation, the court must advise the minor of the rights and responsibilities of parties to a marriage and of emancipated minors. The minor will be provided with a fact sheet on these rights and responsibilities.

Obtaining the court’s permission to marry is not sufficient to solemnize a marriage. The county clerk must receive a certified copy of the court order; without a certified copy of the order, the clerk must not issue a marriage license. At least fifteen days must elapse between when the court order was granted and when the clerk
issues the marriage license. KRS 402.210.

Note that, although KRS 402.020 states, in part, that the marriage of a person under the age of eighteen is prohibited and void, a federal district court has previously concluded that such a marriage is merely voidable and, therefore, valid, absent a court declaration to the contrary. See Holbert v. West, 730 F. Supp. 50, 52–53 (E.D. Ky. 1990). The primary function of the clerk is to determine whether a marriage license should be issued based on the facts and information available. Whether the subsequent marriage is legal is a matter, ultimately, for the courts to resolve.

 

Procedures


No waiting period or blood test is required prior to issuance of a marriage license. In Kentucky, the bride and groom must be present to sign & swear to the information on the application. Information Required:

  • Name and Address
  • Date of Birth and Current Age
  • Place of Birth (if in Kentucky, provide name of county; in another state, provide name of state)
  • Father's Name
  • Mother's First and Maiden Name
  • Current Status of Bride and Groom (Single, Divorced, Annulled, Widowed)
  • Number of previous marriages of Bride and Groom
  • Occupations of Bride and Groom
  • Race of Bride and Groom
  • Whether Bride and Groom are related (First & Second cousins are NOT permitted to marry in Kentucky)
  • Date of Marriage

Application must be signed & sworn before the county clerk issuing the license.

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