{"data":{"id":"us-ky/krs-403.120","jurisdiction":"us-ky","citation":"KRS 403.120","heading":"Marriage -- Court may declare invalid.","body":"(1) The Circuit Court shall enter its decree declaring the invalidity of a marriage\nentered into under the following circumstances:\n(a) A party lacked capacity to consent to the marriage at the time the marriage\nwas solemnized, either because of mental incapac ity or deformity or because\nof the influence of alcohol, drugs, or other incapacitating substances, or a\nparty was induced to enter into a marriage by force or duress, or by fraud\ninvolving the essentials of marriage;\n(b) A party lacks the physical capacit y to consummate the marriage by sexual\nintercourse, and the other party did not at the time the marriage was\nsolemnized know of the incapacity;\n(c) The marriage is prohibited.\n(2) A declaration of invalidity under paragraph (a), (b) or (c) of subsection (1 ) may be\nsought by any of the following persons and must be commenced within the times\nspecified, but only for the causes set out in paragraph (a) may a declaration of\ninvalidity be sought after the death of either party to the marriage:\n(a) For a reason s et forth in paragraphs (a) and (b) of subsection (1), by party or\nby the legal representative of the party who lacked capacity to consent, who\nwas the offended party or did not know of the incapacity, no later than 90 days\nafter the petitioner obtained knowledge of the described condition;\n(b) For the reason set forth in paragraph (c) of subsection (1), by either party, no\nlater than one (1) year after the petitioner obtained knowledge of the described\ncondition.","path":["KRS Chapter 403"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=1444","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:29Z","sha256":"5fb94f3cfbc461d953d5a6983dc585981962f87e7c2b61f3f16dcaa8f69bca72","source_id":"us-ky","stale":false,"prev":"us-ky/krs-403.110","next":"us-ky/krs-403.130"},"notice":"GroundRules: Original legal text. Not legal advice."}