There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 403 DISSOLUTION OF MARRIAGE -- CHILD CUSTODY
403.120 Marriage -- Court may declare invalid.
Download pdf(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 because
of the influence of alcohol, drugs, or other incapacitating substances, or a
party was induced to enter into a marriage by force or duress, or by fraud
involving the essentials of marriage; (b) A party lacks the physical capacity to consummate the marriage by sexual intercourse, and the other party did not at the time the marriage was
solemnized know of the incapacity; (c) The marriage is prohibited. (2) A declaration of invalidity under paragraph (a), (b) or (c) of subsection (1) may be sought by any of the following persons and must be commenced within the times
specified, but only for the causes set out in paragraph (a) may a declaration of
invalidity be sought after the death of either party to the marriage:
(a) For a reason set forth in paragraphs (a) and (b) of subsection (1), by party or by the legal representative of the party who lacked capacity to consent, who
was the offended party or did not know of the incapacity, no later than 90 days
after the petitioner obtained knowledge of the described condition; (b) For the reason set forth in paragraph (c) of subsection (1), by either party, no later than one (1) year after the petitioner obtained knowledge of the described
condition. History: Created 1972 Ky. Acts ch. 182, sec. 2.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.