(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. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 36, sec. 2, effective July 14, 2018. -- Amended 1998 Ky. Acts ch. 122, sec. 2, effective March 26, 1998 and ch. 258, sec. 5, effective July 15, 1998. -- Amended 1988 Ky. Acts ch. 212, sec. 2, effective July 15, 1988. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 400, effective January 2, 1978. -- Amended 1960 Ky. Acts ch. 8, sec. 2, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2100.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1949–2022 · leading case:
Robinson v. Commonwealth, 212 S.W.3d 100 (Ky. 2006).
Robinson v. Commonwealth, 212 S.W.3d 100 (Ky. 2006).
· cites it 10× “020, KRS 402.030, and KRS 510.035. Because the parties married in Tennessee, the trial court properly considered KRS 402.”
Mangrum v. Mangrum, 220 S.W.2d 406 (Ky. Ct. App. 1949).
· cites it 4× “The question presented on this appeal as posed by appellant is: “Does KRS 402.030 authorize Kentucky Courts to annul marriages of females under the age of 14 (or males under the age of 16) where both parties to the marriage are domiciliaries of Kentucky but the marriage ceremony…”
Holbert v. West, 730 F. Supp. 50 (E.D. Ky. 1990).
· cites it 3× “ISSUE AND ARGUMENTS The issue presented in this matter is whether the one-year statute of limitations that governs this action was tolled on account of plaintiff's infancy from the date the cause of action arose to the date of her eighteenth birthday? 1 Defendants argue that…”
Parks v. Parks, 418 S.W.2d 726 (Ky. Ct. App. 1967).
· cites it 2× “Our statute, KRS 402.030, authorizes a court having equity jurisdiction to "declare void any marriage obtained by * * * fraud.”
Beddow v. Beddow, 257 S.W.2d 45 (Ky. Ct. App. 1952).
“In that case, the decision was based upon the fact that KRS 402.030, providing that courts of equity may void marriage? between persons within the prohibited age, when read in connection with the preceding statute, had the effect of making this class of marriages voidable rather…”
Eck v. Eck, 793 S.W.2d 858 (Ky. Ct. App. 1990).
“KRS 402.030; KRS 403.120; see also Parks v.”
— Ky. Rev. Stat. § 402.030(3) — 2 cases
Robinson v. Commonwealth, 212 S.W.3d 100 (Ky. 2006).
“020, KRS 402.030, and KRS 510.035. Because the parties married in Tennessee, the trial court properly considered KRS 402.”
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