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Hawaii Court Records

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Hawaii Marriage Records

Hawaii marriage records are official documents issued by the state government to validate marriages solemnized within its jurisdiction. These records are typically created following the issuance of a marriage license and the subsequent solemnization of the marriage within the statutorily prescribed 30-day period. In 2013, the Hawaii Marriage Equality Act was enacted to legalize 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, including specific information about the bride and groom
  • 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 vital functions. 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 necessary for legal proceedings, such as adopting or seeking a passport. These records serve as evidence of a legal union for historical and legal purposes. Before civil authorities maintained marriage records, churches were often the primary institutions responsible for documenting marriages in Hawaii. These days, they are managed as part of Hawaii family court records by the state judiciary.

What Types of Marriage Records Are Available in Hawaii?

In Hawaii, two main types of official written marriage records are available: marriage licenses and marriage certificates, each serving a different purpose.

Hawaii 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 a marriage license may first be obtained from an authorized agency to marry in Hawaii legally. 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 is typically required to complete an online application and submit the required fee. Applicants should send their completed application and supporting documents to the designated agent or office. Once the application is submitted, the couple may then meet with a designated agent who will carefully review their application, verify their photo IDs, and ensure all necessary documentation is in order. Law agents will need to verify all documentation before issuing a marriage license. 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 usually takes place within 30 days of the couple receiving their license. Failure to do so will result in the license becoming invalid. The couple may reapply for a new one if they still wish to get married in the state.

Hawaii Marriage Certificate

A Hawaii marriage certificate is a state-issued document confirming the marriage of two individuals. 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 in Hawaii and are maintained by the Hawaii Department of Health.

Hawaii marriage certificates generally 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 will be required to submit the completed marriage license to the clerk who granted the permit or to the State Registrar of Vital Statistics within seven days of the marriage ceremony. The completed license is typically filed with the town or city clerk where the marriage occurred. 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 from the registration date. As a result, these records are only accessible to eligible parties who 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 should first identify the type of record they seek. They can search for marriage records by visiting the county clerk or recorder’s office where the marriage is most likely to have occurred. Inquirers may sometimes need to see the county clerk or recorder’s office in person to access certain records.

They are required to provide relevant information, including:

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

Individuals can enter a date range to narrow down their search results if the exact marriage date is unknown.

They could also validate marital status using third-party public record databases or social media resources, although costs may be involved. Some online platforms provide access to images of historical marriage records. Individuals should formally request marriage records and follow the specified procedures. Requests can be submitted by phone or online, and online requests carry an extra charge.

How to Get a Marriage License in Hawaii

Individuals may obtain a license from an authorized agent to legally enter a marriage in Hawaii, 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 marriage licenses and certificates, as they serve different purposes. The marriage license acts as a legal authorization, while the marriage certificate proves that a lawful marriage has occurred.

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

To get a license, intended spouses will be expected to fulfill the state’s eligibility standards. This may include:

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

Step 2. Collect the Required Documentation

Applicants without a Social Security number will need to sign an affidavit stating why they do not have one. A passport, driver’s license, or state identity card can all prove residency. Non-US nationals without a state-issued ID may provide a valid foreign passport and attend in person.

Step 3. Fill out the Application

Hawaii marriage applications should be submitted and completed by both parties. For convenience and more information, applicants can visit the official Hawaii marriage license website to complete the application online or access related services. 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 should 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 will need to apply in the county where the marriage ceremony will occur.

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

Who Can Obtain Marriage Records in Hawaii?

In Hawaii, individuals searching for marriage records have several options. They can contact the Hawaii Department of Health's Vital Records office, which maintains a marriage records database. Requests can be made in person, by mail, or online, and applicants must provide sufficient identification and pay the applicable fee. Alternatively, individuals can 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 with at least two witnesses to establish a legally valid marriage. Civil or registered partnerships are available in select cities and counties for couples who prefer not to marry, 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 validly established in other states that permit such unions.

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