Marriage License Overview

Requirements

1. Both must be 18 years old or older (if either party is under 18, please see requirements below)
2. There is no waiting period, blood test or physical requirement.
3. The marriage license is valid for 30 days, including the date issued.
4. The marriage license is valid anywhere in the Commonwealth of Kentucky.

Prohibited and Restricted Marriages:

1. Marriages between persons who are nearer of kin to each other by blood, than second cousins.
2. Marriages with a person mentally incompetent.
3. Marriages where one of the parties living, from whom the person marrying has not been divorced.
4. Marriages not solemnized or contracted in the presence of an authorized person or society.
5. Common law marriages.
6. Proxy marriages.

Please refer to KRS 402.020 to learn about prohibited marriages

Solemnization of Marriage:

1. Marriages shall be solemnized only by clergy, justices and judges of the Court of Justice; retired justices and judges of the Court of Justice, except those removed for cause or convicted of a felony; county judge/executives; such justices of the peace and fiscal court commissioners as the Governor or the county judge/executive authorizes, and certain religious societies.
2. At least two persons, in addition to the parties and the person solemnizing the marriage, must be present at every marriage.
3. There are no residency requirements or licensing requirements applicable to ministers or priests who wish to perform marriages in Kentucky.
4. A minister or priest, all justices and judges of the Court of Justice, justices of the peace and fiscal court commissioners may perform marriages anywhere in Kentucky.

Who may solemnize a marriage?

Marriage shall be solemnized only by clergy, justices and judges of the Court of Justice, retired justices and judges of the Court of Justice except those removed for cause or convicted of a felony, county judge/executives, such justices of the peace and fiscal court commissioners as the Governor or the county judge/executive authorizes, and certain religious societies.  See KRS 402.050 (1)(a), (b) and (c).  A deputy county judge/executive has no authority to solemnize a marriage.  OAG 82-145.  There is no provision in the statute that a minister be at least eighteen years of age and thus the qualifications of a minister, including age, are left up to the particular religious denomination.  OAG 80-256.  Ordained clergyman or minister.  OAG 84-96; OAG 83-240;  OAG 78-303;  OAG 76-603.

If the group in question is organized and maintained for the support of public worship of God and the applicant is recognized as a minister of such group, he would qualify as a minister.  A “religious society” in Kentucky is a broad term and includes any group organized and maintained for the public worship of God.  The “recognition” of a minister can take the form or ordination or license or any other form which expresses clearly the fact that a religious group recognizes the person or looks to the person as a minister of that specific group.  See OAG 63-24;  OAG 72-805;  OAG 76-603.