Kentucky
Kentucky Annulment Laws: Grounds, Deadlines and How to File (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 14 primary sources cited on this page. How we verify our legal content
Kentucky's version of an annulment is a decree "declaring the invalidity of a marriage," entered by the Circuit Court under KRS 403.120. Most grounds must be raised within 90 days after the petitioner learns of the problem, and a prohibited marriage within one year, while KRS 402.010 and 402.020 list the marriages Kentucky law calls void.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers declarations of invalidity of marriage under KRS 403.120, the void-marriage rules in KRS 402.010 and 402.020, the related actions in KRS 402.030 and 402.250, and Kentucky's 2018 child-marriage law. It does not cover religious annulments, criminal penalties, or other states' law. For ending a valid marriage, see Kentucky divorce laws.
Can you get an annulment in Kentucky?
Yes, although Kentucky's statutes do not use the word "annulment" for it. The main action is a declaration of invalidity under KRS 403.120(1):
"The Circuit Court shall enter its decree declaring the invalidity of a marriage entered into under the following circumstances:"
Two older sections in KRS chapter 402 also let a court rule on a marriage's validity. KRS 402.030 lets courts of general jurisdiction "declare void" a marriage obtained by force or fraud, and KRS 402.250 lets either party petition the Circuit Court to avoid or affirm a marriage whose validity is in doubt. These are covered below.
Grounds and deadlines under KRS 403.120
KRS 403.120 sets out the grounds, who may file, and the time limits.
| Ground | Who may file | Deadline | Cite |
|---|---|---|---|
| A party lacked capacity to consent at the wedding because of mental incapacity or deformity, or alcohol, drugs or other incapacitating substances | The party, or the legal representative of the party who lacked capacity, who was the offended party or did not know of the incapacity | No later than 90 days after the petitioner learned of the condition | KRS 403.120(1)(a), (2)(a) |
| A party was induced to marry by force or duress, or by fraud involving the essentials of marriage | Same subsection (2)(a) wording as above | No later than 90 days after the petitioner learned of the condition | KRS 403.120(1)(a), (2)(a) |
| A party lacks the physical capacity to consummate the marriage by sexual intercourse, and the other party did not know of it at the wedding | The party who was the offended party or did not know of the incapacity | No later than 90 days after the petitioner learned of the condition | KRS 403.120(1)(b), (2)(a) |
| The marriage is prohibited | Either party | No later than one year after the petitioner learned of the condition | KRS 403.120(1)(c), (2)(b) |
The statute's wording for the capacity, duress and fraud grounds reads:
"(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;"
After a spouse dies. KRS 403.120(2) provides that only the causes in subsection (1)(a), the capacity, force, duress and fraud grounds, may be sought after the death of either party.
Which marriages are void in Kentucky
KRS 402.020(1) declares certain marriages "prohibited and void." The grounds covered here are:
| Void marriage | Statute wording | Cite |
|---|---|---|
| A spouse is already married | "Where there is a husband or wife living, from whom the person marrying has not been divorced" | KRS 402.020(1)(b) |
| Mental disability adjudged by a court | "With a person who has been adjudged mentally disabled by a court of competent jurisdiction" | KRS 402.020(1)(a) |
| No authorized officiant | "When not solemnized or contracted in the presence of an authorized person or society" | KRS 402.020(1)(c) |
| More than two people | "Between more than two (2) persons" | KRS 402.020(1)(e) |
| Under 18 | "Except as provided in KRS 402.210, with a person who at the time of marriage is under eighteen (18) years of age" | KRS 402.020(1)(f) |
| Close relatives | Marriages between people nearer of kin than second cousins, by whole or half blood, are "incestuous and void" | KRS 402.010 |
Two notes on that table. First, the under-18 rule does not apply to a lawful Kentucky marriage entered before July 14, 2018, or to a lawful marriage entered elsewhere before the parties lived in Kentucky (KRS 402.020(2)). Second, a separate section, KRS 402.070, is titled "Marriage not invalid for want of authority to solemnize"; this page does not summarize how it affects the officiant rule.
KRS 403.120(1)(c) lets either party seek a declaration that a prohibited marriage is invalid within one year after learning of the condition. This page does not go further into how that one-year period interacts with marriages the statutes call void.
Other routes: KRS 402.030 and 402.250
Force, fraud and duress (KRS 402.030(1)). Kentucky's marriage chapter has its own rule:
"Courts having general jurisdiction may declare void any marriage obtained by force or fraud, or, provided that the petition is brought by a party who was under the age of majority as defined by KRS 2.015 at the time of marriage, a marriage obtained by duress."
This section does not state a time limit.
Underage marriage without required consent (KRS 402.030(2)). "At the instance of any next friend," a court may declare void a marriage where a person was under 18 and the marriage lacked the consent KRS 402.210 requires.
A marriage of doubtful validity (KRS 402.250). Either party may petition the Circuit Court "to demand its avoidance or affirmance." The statute adds that when one spouse was of age and the other was underage, the spouse of proper age may not bring the proceeding on that ground.
Kentucky's 2018 child-marriage law
The General Assembly passed Senate Bill 48, "AN ACT relating to child marriage," as 2018 Ky. Acts ch. 36, effective July 14, 2018. It set 18 as the floor in KRS 402.020(1)(f), with one exception for 17-year-olds. Under KRS 402.210:
"(2) If either of the parties is under seventeen (17) years of age, no license shall be issued."
A 17-year-old may get a license only by presenting a certified court order that grants permission to marry and removes the disability of minority, and at least 15 days must pass after the order is granted (KRS 402.210(3)). The order comes from a petition the 17-year-old files in family court (or District Court where there is no family court) under KRS 402.205; the petition must include a parent's or custodian's consent affidavit, and the hearing is set 30 to 60 days after filing. Under KRS 402.205, the petition is to be denied in situations including an age gap of more than four years, a position of trust, a history of domestic violence orders, qualifying offenses, coercion, or when the marriage is not in the minor's best interest. Pregnancy alone is not enough.
Before 2018, 16- and 17-year-olds could marry with parental consent, and in case of pregnancy a District Judge could permit a younger party, or a 16- or 17-year-old without that consent, to marry.
How to file in Kentucky
A declaration of invalidity is filed in the Circuit Court (KRS 403.120(1)). Petitions under KRS 402.250 also go to the Circuit Court, and KRS 402.030 actions go to courts of general jurisdiction.
Residency. KRS 403.120 does not state a residency period. The 180-day residency rule in KRS 403.140(1)(a) is written for a decree of dissolution of marriage, and this page does not say whether it applies to a declaration of invalidity. Ask the circuit court clerk or a lawyer before filing.
Forms. The Kentucky Court of Justice legal forms listing includes divorce packet forms such as AOC-252A, the petition for dissolution of marriage. This page does not identify a petition form for a declaration of invalidity on that listing.
Children, property and names after a declaration of invalidity
Children. Under KRS 391.100, "The issue of all illegal or void marriages is considered as if born in lawful wedlock." KRS 406.011 separately presumes that a child born during lawful wedlock, or within ten months after, is the child of the husband and wife. For custody and support, see Kentucky child custody laws and Kentucky child support laws.
Property and maintenance. Kentucky's property division section (KRS 403.190) and maintenance section (KRS 403.200) are worded for "a proceeding for dissolution of the marriage or for legal separation." This page does not cover how property and support are handled in a declaration of invalidity, so ask a lawyer licensed in Kentucky.
Name. KRS 403.230(2) does cover a marriage declared invalid:
"(2) Upon request by a wife whose marriage is dissolved or declared invalid, the court may, and if there are no children of the parties shall, order her maiden name or a former name restored."
Putative spouses. The section lists of KRS chapters 402, 403 and 404 contain no putative-spouse statute, and this page does not cover case law on the doctrine.
Declaration of invalidity vs. divorce in Kentucky
A declaration of invalidity rests on one of the grounds in KRS 403.120. A divorce, which Kentucky calls dissolution of marriage, ends a valid marriage; see Kentucky divorce laws. If you were never formally married, see Kentucky common law marriage.
A church or religious annulment is a separate process from a court decree; one does not create or replace the other.
Disclaimer: This article provides general legal information about declarations of invalidity of marriage under the Kentucky Revised Statutes (KRS chapters 402 and 403), as verified on 2026-10-08. It is not legal advice, and the law can change. For advice about your situation, consult a lawyer licensed in Kentucky or the clerk of your Circuit Court.
Related
- Annulment laws in every state
- Kentucky divorce laws
- Kentucky common law marriage
- Kentucky marriage and divorce records
Last updated: 2026-10-08.
Frequently Asked Questions
What is an annulment called in Kentucky?
Kentucky statutes call it a declaration of invalidity of marriage. KRS 403.120(1) directs the Circuit Court to enter a decree declaring the invalidity of a marriage in the listed circumstances.
How long do you have to get an annulment in Kentucky?
For lack of capacity, force, duress, fraud or inability to consummate, no later than 90 days after the petitioner learned of the condition. For a prohibited marriage, either party has one year after learning of it (KRS 403.120(2)).
Can you annul a marriage for fraud in Kentucky?
Yes. KRS 403.120(1)(a) covers fraud involving the essentials of marriage, subject to the 90-day limit, and KRS 402.030(1) separately lets courts declare void a marriage obtained by force or fraud.
Is a bigamous marriage void in Kentucky?
Yes. KRS 402.020(1)(b) makes a marriage prohibited and void where the person marrying has a living husband or wife from whom they have not been divorced.
Can you marry your cousin in Kentucky?
Not a first cousin. KRS 402.010 bars marriage between persons nearer of kin than second cousins, by whole or half blood, and calls those marriages incestuous and void.
Can a 16-year-old get married in Kentucky?
No. Under KRS 402.210(2), no marriage license may be issued if either party is under 17, and a 17-year-old needs a certified court order under KRS 402.205, on a petition that includes a parent's or custodian's consent affidavit.
Can an annulment be sought after a spouse dies in Kentucky?
KRS 403.120(2) allows only the subsection (1)(a) causes, which are lack of capacity, force or duress, and fraud, to be sought after the death of either party.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Kentucky Revised Statutes, Chapter 403: DISSOLUTION OF MARRIAGE -- CHILD CUSTODY
§ 403.120Marriage -- Court may declare invalidIn force
(1) The Circuit Court shall enter its decree declaring the invalidity of a marriage entered into under the following circumstances: (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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Kentucky Revised Statutes, Chapter 402: MARRIAGE
§ 402.020Other prohibited marriagesIn forcecited in 5 of our articles
(1) 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) Except as provided in KRS 402.210, with a person who at the time of marriage is under eighteen (18) years of age. (2) Subsection (1)(f) of this section shall not apply to a lawful marriage entered into in the Commonwealth of Kentucky prior to July 14, 2018, or to a lawful marriage in another state or country prior to the parties' residence in the Commonwealth of Kentucky.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 23 court opinions in our collectionLatest citing opinion in our collection: 2017
Opinions citing this section in our collection:
- S.J.L.S. v. T.L.S. (Court of Appeals of Kentucky 2008, 265 S.W.3d 804)“…e which by expressed public policy is not recognized. See KRS 402.020(3) [now KRS 402.020(l)(c) ].” Murphy v…”
- Mangrum v. Mangrum (Court of Appeals of Kentucky (pre-1976) 1949, 310 Ky. 226)“…be annulled in an action brought by her next friend. KRS 402.020 prohibits marriage where the male is un…”
- Ferguson v. Ferguson (Court of Appeals of Kentucky 1980, 610 S.W.2d 925)“…ority on the basis of KRS 395.040(1). The appellant, citing KRS 402.020(3), contested the appellee’s claim, all…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Kentucky: Is It Recognized? (2026), Kentucky Emancipation Laws: How Minors Become Emancipated in Kentucky (2026), Kentucky Child Support Laws (2026): Guidelines & Calculator
§ 402.010Degree of relationship that will bar marriageIn forcecited in 2 of our articles
(1) No marriage shall be contracted between persons who are nearer of kin to each other by consanguinity, whether of the whole or half-blood, than second cousins. (2) Marriages prohibited by subsection (1) of this section are incestuous and void.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Also relied on in: Kentucky Marriage License Requirements 2026: Fees, Age, 30-Day Limit
§ 402.030Courts may declare certain marriages voidIn force
(1) Courts having general jurisdiction may declare void any marriage obtained by force or fraud, or, provided that the petition is brought by a party who was under the age of majority as defined by KRS 2.015 at the time of marriage, a marriage obtained by duress. (2) At the instance of any next friend, courts having general jurisdiction may declare any marriage void where the person was under eighteen (18) years of age at the time of the marriage, and the marriage was without the consent required by KRS 402.210.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
§ 402.250Circuit Court may affirm or avoid marriageIn force
Where doubt is felt as to the validity of a marriage, either party may, by petition in Circuit Court, demand its avoidance or affirmance; but where one (1) of the parties was of the age of majority, as defined by KRS 2.015 at the time of marriage, the party who is of proper age may not bring such a proceeding for that cause against the party under age.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
§ 402.210Requirements for issuance of licenseIn forcecited in 4 of our articles
(1) Both parties to a marriage shall: (a) Be present for a marriage license to be issued; and (b) Present to the county clerk documentary proof of age in the form of: 1. A copy of a birth record; 2. A certification of birth issued by the state department of health, a local registrar of vital statistics, or other public office charged with similar duties by the laws of another state, territory, or country; 3. A baptismal record showing the individual's date of birth; 4. A passport; 5. An automobile driver's license; 6. Any government or school issued identification card showing the individual's date of birth; 7. An immigration record showing the individual's date of birth; 8. A naturalization record showing the individual's date of birth; or 9. A court record or any other document or record issued by a government entity showing the individual's date of birth. (2) If either of the parties is under seventeen (17) years of age, no license shall be issued.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 1988
Opinions citing this section in our collection:
- Commonwealth v. Hallahan (Court of Appeals of Kentucky (pre-1976) 1965, 391 S.W.2d 378)“…ld that it does. Our conclusion is that it does not. KRS 402.210 provides that if “either of the parties…”
- Combs v. Commonwealth (Court of Appeals of Kentucky 1955, 283 S.W.2d 714)“…refused to give his consent to the marriage as required by KRS 402.210. Appellant insists that his offer and w…”
- Board of Education of Harrodsburg v. Bentley (Court of Appeals of Kentucky (pre-1976) 1964, 383 S.W.2d 677)“…proved by appellee’s parents, pursuant to the provisions of KRS 402.210, although the record is silent as to th…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 402.205Petition to court by seventeen year old for permission to marry -- Evidentiary hearing -- Reasons for denying petition -- Effect of pregnancy -- Emancipation of minor -- Other court-imposed condition -- FeeIn forcecited in 4 of our articles
(1) A minor who is seventeen (17) years of age may petition the family court in the county in which the minor resides, or the District Court in that county if a family court division has not been established in that county, for an order granting permission to marry. The petition shall contain the following: (a) The petitioner's name, gender, age, date of birth, address, and how long the petitioner has resided at that address, as well as prior addresses and dates of residence for the six (6) months preceding the petition; (b) The intended spouse's name, gender, age, date of birth, address, and how long the intended spouse has resided at that address, as well as prior addresses and dates of residence for the six (6) months preceding the petition; (c) An affidavit attesting to the consent to marry signed by: 1. The father or the mother of the petitioner, if the parents are married, the parents are not legally separated, no legal guardian has been appointed for petitioner, and no court order has been issued granting custody of petitioner to a party other than the father or mother; 2.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at apps.legislature.ky.gov
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Sources and References
- KRS 403.120 (declaration of invalidity of marriage)(apps.legislature.ky.gov).gov
- KRS 402.010 (marriage between relatives prohibited; incestuous and void)(apps.legislature.ky.gov).gov
- KRS 402.020 (prohibited and void marriages)(apps.legislature.ky.gov).gov
- KRS 402.030 (marriages obtained by force, fraud or duress; underage marriages)(apps.legislature.ky.gov).gov
- KRS 402.250 (petition to avoid or affirm a doubtful marriage)(apps.legislature.ky.gov).gov
- 2018 Ky. Acts ch. 36 (SB 48, AN ACT relating to child marriage)(apps.legislature.ky.gov).gov
- KRS 402.210 (marriage license; age requirements)(apps.legislature.ky.gov).gov
- KRS 403.140 (dissolution and legal separation; residency)(apps.legislature.ky.gov).gov
- Kentucky Court of Justice, Legal Forms(kycourts.gov).gov
- KRS 406.011 (presumption of parentage for child born during wedlock)(apps.legislature.ky.gov).gov
- KRS 403.190 (disposition of property)(apps.legislature.ky.gov).gov
- KRS 403.230 (conversion of legal separation; restoration of name)(apps.legislature.ky.gov).gov
- KRS chapter 402 (Marriage), section list(apps.legislature.ky.gov).gov
- KRS 391.100 (children of illegal or void marriages considered as if born in lawful wedlock)(apps.legislature.ky.gov).gov