Full question:
My boyfriend and I are residents of Kentucky. We got married in New York. Will our marriage be considered valid in Kentucky?
- Category: Marriage
- Date:
- State: Kentucky
Answer:
In Kentucky, if the residents of the state marry in another state, the marriage shall be valid if it is valid in the state where solemnized, unless the marriage is against Kentucky Public Policy. The marriage between same sex is against the policy of Kentucky and thus such marriage shall be prohibited. A marriage between male and female Kentucky residents held in New York is valid in Kentucky.Validity of marriage in another state is stated in KRS § 402.040. It reads:
“(1) If any resident of this state marries in another state, the marriage shall be valid here if valid in the state where solemnized, unless the marriage is against Kentucky public policy.
(2) A marriage between members of the same sex is against Kentucky public policy and shall be subject to the prohibitions established in KRS 402.045.”
KRS §402.045 states the prohibition of same sex marriages. It reads:
(2) A marriage between members of the same sex is against Kentucky public policy and shall be subject to the prohibitions established in KRS 402.045.”
“(1) A marriage between members of the same sex which occurs in another jurisdiction shall be void in Kentucky.
(2) Any rights granted by virtue of the marriage, or its termination, shall be unenforceable in Kentucky courts.”
Therefore, your marriage will be valid if it is not against the public policy of Kentucky.(2) Any rights granted by virtue of the marriage, or its termination, shall be unenforceable in Kentucky courts.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
