Understanding Marriage Annulment in Hawaii

Under Hawaii law, a marriage annulment is a legal declaration that a marriage is invalid from the beginning. Annulment shares some procedural similarities with divorce, but while divorce terminates lawful marriages, annulment ends relationships that the law considers invalid from inception. Additionally, the burden of proof is higher in marriage annulment cases than in divorce cases; individuals seeking marriage annulments must prove legal grounds, such as:

• Fraud
• Bigamy
• Incapacity
• Underage marriage
• Duress
• Prohibited relationship.

The purpose of marriage annulments in Hawaii is to ensure that individuals are not bound by relationships that do not fulfill the state's matrimonial requirements. Individuals who feel their marriages have fundamental flaws and fit one of Hawaii’s specific statutory grounds for annulment can petition the Family Court Divisions of the State Circuit Courts to end their marriages. In Hawaii, only certain people or legal representatives can petition the courts for a marriage annulment. This includes:

• Either Spouse in the marriage
• A parent or legal guardian of the underage partner in a marriage (if the marriage contract lacks proper consent)
• A next friend or legal representative of a spouse who lacks the mental capacity to file on their own due to mental incapacity
• The Hawaiian State or prosecuting attorneys if the marriage involves bigamy or incest.

Annulment invalidates the related Hawaiian marriage record, making it legally non-existent, and returns the involved parties to their pre-marriage status.

Grounds for Annulment in Hawaii

Chapter 580, Part II of the Hawaii Revised Statutes outlines the grounds for marriage annulment in the state. Under this law, eligible individuals can petition for marriage annulment if a marriage involves:

• Marriage between individuals who are too closely related by blood. For instance, a marriage between ancestor-descendant, siblings, half or whole blood, uncle/niece, or aunt/nephew
• An underage individual who does not have parental or judicial consent to marry
• Bigamy
• A spouse who lacks the mental capacity to consent
• Duress, force, or fraud, and the partners do not cohabit in a way that suggests they accept the marriage
• Concealed loathsome disease at the time of the marriage. For instance, if a spouse is impotent and hides it from the partner.

Eligibility Requirements for an Annulment in Hawaii

In Hawaii, individuals do not require a long residency period to file for marriage annulment. The state's residency requirements annulment stipulates that at least one of the spouses must live in Hawaii or the marriage must occur in the state. Additionally, the annulment petition should be in the Circuit Court where either spouse lives. If both partners live outside Hawaii but the marriage occurred in the state or key events or witnesses are in Hawaii, the court may still accept jurisdiction.

Under Hawaii law, religious annulments have no legal standing; the state only recognizes annulments of:

• Traditional civil marriages
• Marriage ceremonies performed by clergy or officiants legally authorized by the state
• Out-of-state marriages that are recognized by Hawaii law.

How to Get a Marriage Annulled in Hawaii

Marriage annulment in Hawaii follows a similar process to divorce, but with additional requirements of proving valid grounds for annulment. In Hawaii, although each county or Judicial Circuit may have slightly different procedures, the overall process has statewide consistency. To file a marriage annulment action in Hawaii:

• Confirm legal grounds for annulment in Hawaii. Under § 580-21 of the Hawaii Revised Statutes, this includes:
  • Fraud or misrepresentation
  • Duress or coercion
  • Bigamy
  • Underage marriage
  • Mental incapacity
  • A prohibited blood relationship
  • Concealment of a serious disease
• File a petition for annulment with the Family Court in the appropriate Judicial Circuit. The petition should include:
  • Basic details of the marriage
  • The statutory ground for annulment
  • Any related issues (children, property, safety concerns)
• Serve the annulment papers on the other spouse (the respondent). The service process should be performed by a sheriff, process server, eligible adult, or alternative service (if approved by the court). The respondent has 20 days to respond to the annulment action
• Attend court hearings on the annulment action to provide evidence of grounds for annulment. Per Section 580-29 of the Hawaii Revised Statutes, the court will not accept an annulment based only on the petitioner's statements. Hence, contested annulments may require multiple hearings
• Suppose the court reviews the evidence and decides that there is sufficient evidence to void the marriage. In this scenario, the judge will issue a Final Decree of Annulment, which effectively ends the marriage.

Legally, Hawaii treats annulled marriages as if they never existed. The Final Decree of Annulment will restore the involved parties to single status, making them eligible to remain if they fulfill Hawaii’s marital rules.

Required Forms and Documentation for an Annulment in Hawaii

There is no single statewide form for marriage annulment in Hawaii. Petitioners can modify divorce forms for annulment actions. Marriage annulment in Hawaii involves forms and documentation. Marriage annulments in Hawaii require several categories of forms and documents, including:

Initial Filing Forms

• Complaint/Petition for Annulment - This is the core document for initiating annulment actions. It outlines the grounds for annulment
• Family Court Cover Sheet - The clerk of the court uses this document to categorize and track the annulment case properly
• Confidential Information Sheet for collating sensitive personal data such as Social Security Numbers and birth dates. The court keeps this information confidential
• Summons to Answer Complaint - The court clerk issues this form to the petitioner to notify the respondent after an annulment action
• Matrimonial Action Information Sheet - To provide the court with all necessary background information about the parties, marriage, and residence history

Service and Response Documents

• Proof of Service/Return of Service - This document is usually completed and sworn by a sheriff or process server as confirmation that the Summons and Complaint were legally delivered to the respondent
• Answer to Complaint for Annulment - This document is filed by the respondent, stating whether they agree or disagree with the annulment and the specific allegations
• Appearance and Waiver - The respondent may file this form if they agree with the annulment and waive the right to further formal notice in the proceeding

Financial and Child-Related Documentation

While annulled marriages are not legally recognized, children born during the relationship are legitimate. Hence, the court may also settle child-related issues during the annulment. Additionally, if the couple has joint assets, the court will ensure equitable distribution of these assets. For these purposes, the necessary forms may include:

• Income and Expense Statement
• Asset and Debt Statement
• Affidavit of Plaintiff (for Uncontested Cases) - This is a sworn statement by the petitioner, sometimes used in uncontested cases, attesting to the facts, residency, military status, and relief requested in the Complaint, allowing the court to proceed without a formal hearing
• Child Custody and Support Forms

Supporting Evidence

For a marriage annulment to be successful, the petitioner must prove the grounds for the annulment. Courts do not grant annulments solely on statements. Hence, the plaintiff must provide independent and satisfactory evidence that the specific marriage qualifies for annulment.

In Hawaii, marriage annulment forms are accessible through the Hawaii Judiciary Family Court Form Page. Interested individuals can also obtain these forms through their county clerk’s offices or download them for a fee through third-party websites.

Where to File for an Annulment in Hawaii

In Hawaii, the Family Court Divisions of the Circuit Courts handle marriage annulments. Individuals who seek annulments in the state are required to petition the Family Court of the Circuit Court in the county where either of the spouses lives or is physically present.

Hawaii does not require a long-term residency period for annulment. However, a petitioner must demonstrate a connection to the state or that the marriage occurred in Hawaii. In addition to the general process for annulment, each court may have its supplemental guidelines, forms, or scheduling rules.

Annulment Timelines and Waiting Periods in Hawaii

Hawaii does not have a mandatory timeline for annulment of marriage. An annulment proceeding can move forward immediately the paperwork is complete and the respondent is properly served. Nonetheless, how long it takes to complete a marriage annulment in Hawaii depends on the complexity of the case.

Uncontested annulments may move more quickly if the petitioner establishes legal grounds because there are fewer issues to resolve. In contrast, contested annulments may require hearings, additional evidence, or witness testimony before the court makes a decision. Furthermore, the speed at which an annulment case proceeds to conclusion also depends on how quickly the petitioner completes the service of process, whether the required forms are completed correctly, court backlogs, and the availability of remote or written hearings where necessary.

A marriage annulment can proceed more quickly if both spouses agree to the process. In addition, there should be complete and accurate paperwork, prompt service of summons and petition, and clear supporting evidence for the annulment ground.

Costs and Court Fees for an Annulment in Hawaii

Filing annulment petitions in Hawaii involves mandatory and potential fees. Per § 607-5 of the Hawaii Revised Statutes, an annulment petition carries a base fee of $100.00. This cost excludes a $65.00 surcharge and $50.00 computer system surcharge. If the relationship results in children, the court charges a $50.00 parent education surcharge. There is also a $50.00 fee for Family Court proceedings.

In Summary, filing a marriage annulment in Hawaii may cost $315.00 or more. Other potential fees include payment for service of process and copying documents. These costs do not include attorney fees, which may range between $300.00 and $500.00 or more per hour, or from $2,000.00 upwards for retainers.

Individuals who cannot afford the filing fees for marriage annulment in Hawaii can request a waiver by using the Ex Parte Motion and Affidavit to Waive Filing Fees forms. If granted, a waiver only covers the filing fees and surcharges; litigants are responsible for other costs. Additionally, individuals involved in marriage annulment actions in Hawaii can also reduce costs through self-representation.

After the Annulment: What Happens Next?

In Hawaii, the court treats a marriage as if it never existed once it declares it invalid from the start. The judgment restores the spouses to single status, and this action allows them to remarry, provided they fulfill Hawaii's legal marriage requirements. When necessary, the annulment also settles property rights and financial issues, including:

• Child custody, support
• Name changes
• Joint assets.

Although an annulled marriage has no legal existence, it remains a public record, but the court adds a legal notation that the marriage was annulled. The parties to the annulled marriage also must update their personal and legal records to reflect their changed status.