KRS 403.120: Marriage -- Court may declare invalid.

(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 incapac ity 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 capacit y 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.

(2) A declaration of invalidity under paragraph (a), (b) or (c) of subsection (1 ) may be

sought by any of the following persons and must be commenced within the times

specified, but only for the causes set out in paragraph (a) may a declaration of

invalidity be sought after the death of either party to the marriage:

(a) For a reason s et forth in paragraphs (a) and (b) of subsection (1), by party or

by the legal representative of the party who lacked capacity to consent, who

was the offended party or did not know of the incapacity, no later than 90 days

after the petitioner obtained knowledge of the described condition;

(b) For the reason set forth in paragraph (c) of subsection (1), by either party, no

later than one (1) year after the petitioner obtained knowledge of the described

condition.