Marriage License Prerequisites in Kentucky
For those interested in a Kentucky marriage license, the first step is to visit the County Clerk’s Office. Currently, requirements include obtaining this license with certain fees and documentation. After receiving the license, it will be valid for 30 days. After that period, another license must be applied for to proceed with a proper marriage. For those in Kentucky, specific details must be followed to ensure that the marriage is legal.
To obtain this license, there are several requirements. First, applicants must be 18 years of age, though there is an exception for those who are legally emancipated or have a Court Order. There are no blood tests required in Kentucky. There are exceptions for applicants who are younger than 18 but legally allowed to marry in Kentucky. Requesting a marriage license requires a visit to the County Clerk’s Office. This office will help provide all needed forms and answer specific legal questions. A photo I.D. must be shown with the full name , phone number and address of each applicant. No social security number is needed.
Obtaining a Kentucky marriage license only takes about 30 minutes, provided that everything is in order. The fee to obtain this license is generally less than $100. It is important to have as much information as possible ready before arriving at the County Clerk’s Office. Once the marriage license has been obtained, the couple has 30 days from the Day to use the license to get married. The license must be signed by the officiant and after being filed, becomes an Official Marriage Certificate.
Minimum Age and Parental Consent Requirements
In Kentucky, the minimum legal age to marry without parental consent is 18. However, if one or both parties to the marriage are under the age of 18, they are required by law to obtain parental consent prior to marriage. For those aged 17, the application for a marriage license must be accompanied by a sworn statement from the custodial parent or other suitable person attesting to the parent-child relationship. The custodial parent must also provide a copy of the child’s birth certificate, Social Security number and home address, and his or her own home address. Lastly, photo ID is required. Regardless of age, all persons who are not residents of Kentucky at the time of application must provide documentation establishing residency and confirming eligibility to marry based on the laws of the foreign jurisdiction.
Waiting and Durability Timeframes of Marriage
You can apply for a marriage license in Kentucky prior to a ceremony. However, there is a waiting period for the marriage license. Under KRS 402.080, all marriage licenses, except those issued under KRS 402.085(solemnization by clergy in certain counties), shall be effective immediately upon issuance, but a solemnization may occur at any time after twenty-four (24) hours after the issuance of the marriage license. The marriage license must be solemnized within thirty (30) days after such solemnization occurs. To clarify, you can apply for a marriage license, but the wedding ceremony cannot take place until twenty-four (24) hours after the license is issued as licensed officiants are prohibited from solemnizing ceremonies until twenty-four (24) hours after the license is issued. The marriage license shall be valid for thirty (30) days.
Common-Law Marriagage in Kentucky
Common law marriage, the concept of a relationship recognized as a legal marriage by virtue of cohabitation and either an implicit or explicit agreement to be married, is a hallmark of classic American legal folklore. However, as is the case with most folklore, there are certain truths and certain falsities about it. One of its most important truths is that common law marriage no longer exists in Kentucky.
Common law marriage was once an accepted practice in Kentucky, but in 1972 the Kentucky Supreme Court in Reece v. Beaumont abolished it. The Court stated in Reece that a couple who had held themselves out to be married without the formalities required under the law would no longer have their marriage legally recognized in Kentucky unless certain conditions were met. Specifically, the Court stated that a couple must have established a common law marriage prior to July 1, 1972 and that to be considered married they must have done the following:
Marriage is not a simple proposition in Kentucky. But one issue is clear…and simple: common law marriage cannot enter into the equation.
After years of lobbying and bad press, the Kentucky General Assembly finally passed a bill in last summer’s session that explicitly required gay marriage to be conducted through the formal marriage licensing process, reaffirming the Court’s opinion in Reece.
Ceremony and Officiation Consideration
Generally, any licensed or ordained minister of the gospel, any priest or other Christian religious leader, any rabbi, any ordained or licensed minister in full connection with any established church, or any person that the law allows may perform a civil marriage ceremony can legally officiate a marriage in Kentucky. If you are in a same-sex marriage, you can legally have a member of the clergy or person of the people of ____ , ____. You may also go to the county clerk’s office and request a civil marriage ceremony.
Kentucky law requires you to possess a marriage license before you can be legally married. If you have a civil ceremony, you must return your signed license to the county clerk’s office within 30 days — this is done by the county clerk or other authorized person. If you have a religious ceremony, it is the responsibility of the minister, priest, or other authorized person , but is nonetheless requested that a copy of the marriage certificate is provided to the county clerk’s office so that the marriage can be registered.
The clerks of the circuit court who are to issue marriage license may refuse an application if, in their opinion, the applicant is mentally incompetent. In such a case, the applicant may petition the district court for a license to marry. If the court finds from the evidence presented that the applicant is competent to marry, it may issue and direct the clerk to issue a license authorizing the parties to marry.
If you are getting married in Kentucky, the couple must apply for a marriage license at the county clerk’s office. However, the law does not require that you obtain a license from the county in which you reside, as long as you have one from any county in the state. The fee for a marriage license is determined and collected by the county clerk in accordance with the law and is usually between $30 and $50. There is a waiting period of one day, which you cannot waive.
Same-Sex Marriage Regulations
In 2017, the United States Supreme Court’s ruling in Obergefell v. Hodges had a landmark impact on the laws surrounding same-sex marriage when the Court deemed Ohio’s same-sex marriage ban unconstitutional. Previously held federals laws, such as the Defense of Marriage Act of 1996 (DOMA), prohibited same-sex marriages through the federal government. The Court’s ruling invalidated this law and essentially legalized same-sex marriage nationwide.
Though this ruling thus may seem to be the final decision, there are still states that attempted to defy the implementation of same-sex marriage, but in Kentucky, Obergefell v. Hodges was deemed binding authority; the U.S. Court of Appeals for the 6th Circuit chose to strike down Kentucky’s constitutional amendment limiting marriage to one man and one woman, rendering same-sex marriage legal in the Bluegrass State.
Because the Court’s ruling did not mandate states to bestow upon same-sex couples adoption rights, and other similar rights granted to heterosexual couples, they must pursue these rights on their own through a separate court process or petition.
Marriage Licencse Fees and Expenses
The marriage license fee is a charge collected by the state of Kentucky at or before the issuance of a marriage license. Generally speaking, the fee paid to the government for processing and issuing the marriage license is not refunded if the marriage never occurs. The fee is set by each circuit court in the Commonwealth of Kentucky, and therefore, the amount of the fee varies by jurisdiction. Most fees within the Commonwealth of Kentucky are around $40.00, although some jurisdictions charge as much as $70.00. In addition to the marriage license fee itself, many Kentucky marriage license offices also charge small additional fees for extended services, such as certified copies of the marriage license, certified divorce decrees, or DNA paternity testing. Further, before you get married in Kentucky, you may need to incur costs related to getting a (required) marriage license. The costs related to obtaining a marriage license (which can vary and include taxes) include substantial savings in the form of marriage license tax exemptions. As such, always thoroughly check with the Kentucky county’s marriage license clerk prior to obtaining your marriage license to determine the parameters of the marriage license and what additional charges might apply to that specific license (and its prior issuance). Couples should check with the local clerk to determine what they can expect in the issuance of a license and the costs mandated by the clerk. For example, in Jefferson County, KY the fee and tax schedule is as follows: There is now a $25.00 processing fee that has greatly reduced the cost of the Marriage License in the County of Jefferson. Previously, the fee was several times that of now, for example almost $80.00. The Clerk also collects an administrative fee ($10.00) as well as a District Court Fee ($4.00). The Clerk also collects a marriage license fee (which is $18.00) pursuant to KRS 17.112. Kentucky has various provisions in its judicial code (including KRS 142.050) regarding the issuance of marriage licenses. While many cities and counties charge a flat rate for a marriage license, the courts are allowed to base the county fee upon a pro rata basis of the value of Kentucky’s realty tax.
Exemptions and Waivers to Kentucky Marriage Laws
Exceptions to the Marriage Laws
In the 1800s, it was a common notion that a man should be capable of supporting a home before marrying. Today, these restrictions remain on the books but are not enforced by the state. Waivers and exceptions can be found in the Kentucky Revised Statutes within Title XXXII under Chapter 402. Some common practices are as follows:
Women under the age of 18 who are pregnant may obtain a waiver of the age limitation.
Under certain circumstances , children between the ages of 16 and 17 may petition the court for a waiver of a parent or guardian (KRS 403.100).
Catholic priests and members of the United Methodist Church may perform marriages and be granted a Certificate of Marriage.
Common law marriages were abolished on June 24, 1852, but exceptions exist in cases if the marriage took place before that date, or if a tax certificate exists. This is covered under KRS 402.050.