Will the marriage of Kentucky residents solemnized in New York be considered valid in Kentucky?
Full Question:
My boyfriend and I are residents of Kentucky. We got married in New York. Will our marriage be considered valid in Kentucky?
01/16/2017 |
Category: Marriage |
State: Kentucky |
#30253
Answer:
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.”