Download as PDF
402.020 Other prohibited marriages.
(1)
(2)
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 presence of an authorized
person or society;
(d) Between members of the same sex;
(e) Between more than two (2) persons; and
(f) 1.
Except as provided in subparagraph 3. of this paragraph, when at
the time of the marriage, the person is under sixteen (16) years of
age;
2.
Except as provided in subparagraph 3. of this paragraph, when at
the time of marriage, the person is under eighteen (18) but over
sixteen (16) years of age, if the marriage is without the consent of:
a.
The father or the mother of the person under eighteen (18) but
over sixteen (16), if the parents are married, the parents are
not legally separated, no legal guardian has been appointed for
the person under eighteen (18) but over sixteen (16), and no
court order has been issued granting custody of the person
under eighteen (18) but over sixteen (16) to a party other than
the father or mother;
b.
Both the father and the mother, if both be living and the
parents are divorced or legally separated, and a court order of
joint custody to the parents of the person under eighteen (18)
but over sixteen (16) has been issued and is in effect;
c.
The surviving parent, if the parents were divorced or legally
separated, and a court order of joint custody to the parents of
the person under eighteen (18) but over sixteen (16) was
issued prior to the death of either the father or mother, which
order remains in effect;
d.
The custodial parent, as established by a court order which
has not been superseded, where the parents are divorced or
legally separated and joint custody of the person under
eighteen (18) but over sixteen (16) has not been ordered; or
e.
Another person having lawful custodial charge of the person
under eighteen (18) but over sixteen (16), but
3.
In case of pregnancy the male and female, or either of them,
specified in subparagraph 1. or 2. of this paragraph, may apply to a
District Judge for permission to marry, which application may be
granted, in the form of a written court order, in the discretion of the
judge. There shall be a fee of five dollars ($5) for hearing each such
application.
For purposes of this section "parent," "father," or "mother" means the natural
parent, father, or mother of a child under eighteen (18) unless an adoption
takes place pursuant to legal process, in which case the adoptive parent,
father, or mother shall be considered the parent, father, or mother to the
exclusion of the natural parent, father, or mother, as applicable.
Effective:July 15, 1998
History: Amended 1998 Ky. Acts ch. 122, sec. 1, effective March 26, 1998 and
ch. 258, sec. 2, effective July 15, 1998. -- Amended 1988 Ky. Acts ch. 212,
sec. 1, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 141, sec. 113,
effective July 1, 1982. -- Amended 1978 Ky. Acts ch. 92, sec. 12, effective June
17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 399,
effective January 2, 1978. -- Amended 1974 Ky. Acts ch. 49, sec. 6; and
ch. 386, sec. 90. -- Amended 1968 Ky. Acts ch. 200, sec. 10. -- Amended 1966
Ky. Acts ch. 72, sec. 1. -- Amended 1960 Ky. Acts ch. 8, sec. 1. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
sec. 2097.
Legislative Research Commission Note (7/15/98). This section was amended by
1998 Ky. Acts chs. 122 and 258 which do not appear to be in conflict and have
been codified together.
Note:
1980 Ky. Acts ch. 396, sec. 124 would have amended this section
effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982
Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.
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.