Hawaii Marriage Records

Hawaii marriage records are official documents issued by the state government to validate marriages solemnized within its jurisdiction. These records are created following the issuance of a marriage license and the subsequent solemnization of the marriage within the statutorily prescribed 30-day period. The Hawaii Marriage Equality Act of 2013 legalized same-sex marriages, granting them equal status under state law.

The Hawaii Department of Health is the designated agency responsible for maintaining, administering, and issuing copies of marriage records. A typical Hawaii marriage record contains the following details:

• Full names of both spouses
• Name of the person who officiated the marriage ceremony
• The date on which the marriage took place
• Location of the marriage ceremony
• Full names of the spouses' parents
• Names of witnesses present during the ceremony

Marriage records serve several important purposes. Married couples frequently need a certified copy of their marriage record when applying for various benefits like pensions, disability, or social security. These data may also be important for legal proceedings, such as adopting or seeking a passport.

What Types of Marriage Records are available in Hawaii

In Hawaii, there are two main types of marriage records available: marriage licenses and marriage certificates.

Marriage license

A Hawaii marriage license is a document granted to qualified individuals who wish to marry in Hawaii. Section 572-1.7 of the Hawaii Revised Statutes states that to marry in Hawaii legally, a marriage license must first be obtained from an authorized agency. A marriage license differs from a marriage certificate because it is issued before solemnization. A marriage license authorizes a marriage, but a marriage certificate verifies that the marriage is lawful.

Parties interested in getting married can get marriage licenses from the Hawaii Health Department. Intending couples who wish to obtain marriage licenses are not required to demonstrate that they are state residents. A marriage license is valid for 30 days after being issued.

The couple must complete an online application and submit the required fee. Once the application is submitted, the couple will need to meet with a designated agent who will carefully review their application, verify their photo IDs, and ensure that all necessary documentation is in order. If everything is in order, the agent will issue the marriage license to the couple.

Note: Couples have a limited time frame to hold their official ceremony once they have obtained their marriage license. In Hawaii, the ceremony must take place within 30 days of the couple receiving their license. Failure to do so will result in the license becoming invalid. The couple must reapply for a new one if they still wish to get married in the state.

Marriage Certificate

A Hawaii marriage certificate is a state-issued document that confirms the marriage of two people. It is issued after the ceremony. It includes details such as the names of the spouses, the date and location of the marriage, the name of the officiant, and witnesses. Both marriage licenses and certificates are considered vital records in Hawaii and are maintained by the Department of Health.

Hawaii marriage certificates must include the following information:

• The legal names of both spouses
• The date and location of the marriage ceremony.
• The name, signature, and official capacity of the individual who solemnized the marriage
• The names of at least two witnesses at the marriage ceremony

By law, the person authorized to solemnize the marriage is required to submit the completed marriage license to the clerk who granted the license or to the State Registrar of Vital Statistics within seven days of the marriage ceremony. Hawaii law outlines who can solemnize marriages, including justices, judges, lawyers admitted to the Hawaii Bar and ordained ministers.

Are Hawaii Marriage Records Public?

Hawaii marriage records are subject to a 75-year confidentiality period commencing from the date of registration. As a result, these records are only accessible to eligible parties who can demonstrate a legitimate need to access the information. Eligible persons include:

• The registrant named on the record
• The registrant's immediate family members, such as a parent, offspring, sibling, grandparent, uncle, aunt, and cousin
• The registrant's legal representative
• A person whose right to obtain a record has been established by order of a court of competent jurisdiction.
• Individuals who need to establish the marital status of an ex-spouse to review alimony conditions

Note: Certified copies of a marriage record are printed on security paper with a raised embossed seal.

How to Find Marriage Records in Hawaii

To get a marriage record in Hawaii, individuals must first identify the type of record they seek. Individuals can search for marriage records by visiting the county clerk or recorder's office where the marriage is most likely to have occurred.

They are required to provide relevant information, including:

• The spouses' full names
• The marriage date
• Marriage location

They could also validate marital status using third-party public record databases or social media resources, although there may be costs involved. Requests can be submitted by phone or online. Online requests carry an extra charge.

How to Get a Marriage License in Hawaii

To legally enter into a marriage in Hawaii, individuals must obtain a license from an authorized agent, as stipulated by Section 572-1.7 of the Hawaii Revised Statutes. Once the license has been granted, the marriage can be solemnized without any mandatory waiting period. It is crucial to distinguish between a marriage license and a marriage certificate, as they serve different purposes. The marriage license acts as a legal authorization for the marriage to be performed, while the marriage certificate serves as proof that a lawful marriage has taken place.

While the application procedure varies significantly per county, the majority of citizens may get a license by following a few simple steps:

Step 1. Meet the State Requirements

In order to get a license, intended spouses must fulfill the state's eligibility standards. This includes:

• To apply for a license, they must be at least 18.
• Applicants who intend to marry must get a license from the county clerk in the county where one of the parties resides.

Step 2. Collect the Required Documentation

Applicants without a social security number must sign an affidavit stating why they do not have one. A passport, driver's license, or state identity card can all serve as proof of residency. Non-US nationals without a state-issued ID must provide a valid foreign passport and attend in person.

Step 3. Fill out the Application

Marriage applications must be submitted and completed by both parties. Some of the information that is required during the license application includes:

• Anticipated date of marriage
• Residency status (resident or from out of state)
• Applicant's full name (first, middle, last)
• Applicant's gender
• Surname at birth
• Address
• Date of birth
• Birthplace city and birthplace state
• Details of any previous marriages
• Parent names in full

Step 4. Submit and pay the fee.

Completed applications must be submitted to the local county clerk. Some counties only accept walk-in applications during business hours, while others allow you to apply online. Non-residents who want to marry in the state must apply in the county where the marriage ceremony will take place.

Residents may, however, utilize their marriage license in any other county within Hawaii. The cost to obtain a marriage or civil union license is $65.00. To be eligible, there are no state residence or U.S. citizenship requirements.

Who can obtain Marriage Records in Hawaii?

In Hawaii, individuals who want to search for marriage records have several options. They can contact the Hawaii Department of Health's Vital Records office, which maintains a database of marriage records. Requests can be made in person, by mail, or online, and applicants must provide sufficient identification and pay the applicable fee. Alternatively, individuals can also search for marriage records through the Hawaii State Archives, which houses historical marriage records and other vital data.

Can You Lookup Online Marriage Records For Free in Hawaii?

The Hawaii Department of Health (DOH) maintains birth and marriage records and offers an online platform for searching vital records. In addition, individuals may access online marriage records without charge through third-party platforms or search indexes. However, the accuracy of the information may differ between platforms.

Is Hawaii a Common Law State for Marriage?

Hawaii is not a common-law marriage state. Common law marriage, also known as informal marriage or de facto marriage, is a legal concept that recognizes a couple as married, even if they have not obtained a formal marriage license or gone through a formal wedding ceremony. This type of marriage is based on the idea that a couple has established a long-term, committed relationship, but without the formalities.

Under Hawaii's statutory requirements, a couple must secure a marriage license and undergo a solemnization ceremony in the presence of at least two witnesses to establish a legally valid marriage. For couples who prefer not to marry, civil or registered partnerships are available in select cities and counties, including Ann Arbor, Detroit, East Lansing, Ingham County, Kalamazoo, Washtenaw County, and Wayne County. However, these partnerships do not afford the same legal rights and protections as marriage. Hawaii does not recognize common law marriages established within its borders, but it will recognize common law marriages that have been validly established in other states that permit such unions.