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Hawaii Annulment and Prohibited Marriage Laws
More Information on Annulment and Prohibited Marriage Laws
| Code Section | 580-21-29; 572-1, 2 |
| Grounds for Annulment | Underage, unless freely cohabitates after reaching legal age; spouse still living; lacking mental capacity; consent obtained by force, duress, fraud and no subsequent cohabitation; party afflicted with loathsome disease and was unknown to party seeking annulment |
| Time Limits for Obtaining Annulment | For spouse still living: Anytime during either party's lifetime; Underage: Until they attain legal age and freely cohabit as man and wife; Physical incapacity: Within 2 yrs. of marriage; Lack of mental capacity: Until mental capacity attained and parties freely cohabit as man and wife |
| Legitimacy of Children | Children of annulled or prohibited marriages are legitimate. |
| Prohibited Marriages | Between ancestor and descendant, any degree, brother and sister half or whole-blood, uncle and niece, aunt and nephew legitimate or illegitimate; bigamous; same sex. Note: Hawaii's Supreme Court has now ruled that failure of the state to issue marriage licenses to same sex partners is unconstitutional. Baehr v. Miike, 950 P.2d 1234 (Haw. 1997). This ruling has not been overturned as of June 2004, but voters have passed a constitutional amendment that makes it all but ineffective. |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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