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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33774
Experience:  Began practicing Family Law in 1992
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I'm trying to get a marriage license my boyfriend is lockup

Customer Question

I'm trying to get a marriage license my boyfriend is lockup I got power of attorney on him but they still say he has to be how can I get married help please
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

You stated "they still say he has to be"? He has to be what?

Customer: replied 1 year ago.
Present for they can let us get married and i know that power of attorney should knock that out
Expert:  JD 1992 replied 1 year ago.

What I am assuming is that he has to be present to swear to something in front of the clerk, is that correct?

Customer: replied 1 year ago.
Or give us the license
Customer: replied 1 year ago.
I guess but there a way to do it cause other people have in the state of ky
Expert:  JD 1992 replied 1 year ago.

There are some counties that require the people to appear in person and anytime something has to be sworn it must be done by the actual person and it can't be done using a POA.

My understanding in KY is that some counties require moth people to be there and some do not. I know that Louisville was still issuing licenses allowing prison weddings, as do Jefferson County, Lyon County and some others. The best thing to do is call some orher counties and see which ones will allow it.

In addition, the warden of the facility has to okay it as well, but you have to have the marriage license first.

Here is an article on the issue and where someone filed a lawsuit about this.

So, to be clear, it is legal for you to get a marriage license so long as they don't require him to be there or to get sworn. You can find another clerk's office that will issue the license, several clerks in KY still issue them you just have to find an office that does.

Also, if you have a lawyer there where you live they can likely call the clerk's office for you and get it handled.