{"id":373513,"date":"2016-03-31T21:35:21","date_gmt":"2016-04-01T02:35:21","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/kentucky-law\/kentucky-annulment-and-prohibited-marriage-laws.html"},"modified":"2023-01-27T12:58:15","modified_gmt":"2023-01-27T17:58:15","slug":"kentucky-annulment-and-prohibited-marriage-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/kentucky-law\/kentucky-annulment-and-prohibited-marriage-laws.html","title":{"rendered":"Kentucky Annulment and Prohibited Marriage Laws"},"content":{"rendered":"\n
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Kentucky Annulment and Prohibited Marriage Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Though it seems simple, the legal proceedings surrounding marriage actually have strict rules, with each state having its own set of annulment and prohibited marriage laws<\/a> that prohibit marriages<\/a> under certain circumstances. A prohibited marriage is void because the marriage was never lawful. Generally, there’s no need to get an annulment or divorce in these cases. Commonly prohibited marriages typically include bigamous marriages, where a person tries to marry more than one spouse, or incestuous marriages, where a person tries to marry a relative.<\/p>\r\n

An annulment<\/a>, on the other hand, is a way to void a marriage that would otherwise be invalid. While both an annulment and a divorce<\/a> end a marriage, an annulment wipes the slate clean as if there was no marriage to begin with. However, you usually need to get an annulment within a certain time limit, so it is important to act promptly if you are considering this option.<\/p>\r\n

This article provides a brief overview of annulment and prohibited marriages in the state of Kentucky.<\/p>\r\n

Annulment and Prohibited Marriage Laws in Kentucky<\/h2>\r\n

The following table explains the main Kentucky annulment and prohibited marriage laws<\/a>.<\/p>\r\n\r\n
Grounds for Annulment<\/td>\r\n

Under K.R.S. \u00a7 403.120<\/a>, a court shall under its decree declaring the invalidity of the marriage under any of the following circumstances:<\/p>\r\n

Time Limits for Obtaining Annulment<\/td>\r\n

Under K.R.S. \u00a7 403-120<\/a>, each type of annulment must be completed within a certain time period, as listed below:<\/p>\r\n

Legitimacy of Children<\/td>\r\nUnder K.R.S. \u00a7 391.100<\/a>, the issue of an all-illegal or void marriage is considered as if born in lawful wedlock.<\/td>\r\n<\/tr>
Prohibited Marriages<\/td>\r\n

Under K.R.S. \u00a7 402.010<\/a> and 402.020<\/a>, marriages are prohibited and void in the following circumstances:<\/p>\r\n

Same-Sex Marriage<\/td>\r\n

The U.S. Supreme Court’s decision in Obergefell v. Hodges<\/a> <\/i>(2015) established that bans on same-sex marriage violated the Fourteenth Amendment’s equal protection clause, legalizing same-sex marriage in every state including Kentucky. While Kentucky does have statutes still on the books, they are unenforceable due to Obergefell.<\/i><\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Research the Law<\/h2>\r\n