Best Marriage Lawyers in Hawaii

About Marriage Law in Hawaii, United States

Marriage in Hawaii is legally recognized as a civil contract between two individuals, regardless of gender. The state's marriage laws are progressive and inclusive, making Hawaii a popular location for both residents and non-residents seeking to marry. Hawaii recognizes both opposite-sex and same-sex marriages, with equal rights and responsibilities for all married couples. Couples must obtain a marriage license, adhere to age and consent requirements, and ensure they meet other legal criteria to have their marriage recognized under Hawaii law.

Why You May Need a Lawyer

While marrying in Hawaii can be a straightforward process for many, there are situations where legal assistance can be especially important. You may need a lawyer if:

• You or your partner have complex financial assets and need help drafting a prenuptial agreement.
• There are questions about eligibility to marry, such as prior marriages or citizenship status.
• You want guidance on your legal rights and responsibilities under Hawaii law.
• There are unique family law issues, including blended families or custody considerations from prior relationships.
• You have concerns about potential legal disputes, such as name changes or property rights after marriage.
• You need help ensuring your marriage complies with all state laws if you are not a Hawaii resident.

Local Laws Overview

Hawaii marriage laws have certain key features:

• Age Requirement: Both parties must be at least 18. Individuals aged 16-17 may marry with written consent from both parents or legal guardians and receive approval from a family court judge.
• Marriage License: Couples must obtain a marriage license from an authorized agent. There is no residency requirement, and the license is valid statewide for 30 days.
• Officiants: Ceremonies must be performed by a state-licensed officiant, which may include ministers, judges, or even certain civil officials.
• Same-Sex Marriage: Hawaii recognizes and affords equal marriage rights to same-sex couples.
• Prohibited Marriages: Individuals cannot marry close relatives or if either party is already married.
• Records and Documentation: Legal names and changes, required identification, and documentation of divorce or widowhood (if applicable) are required.

Frequently Asked Questions

Is there a waiting period to get married in Hawaii after receiving a license?

No, there is no waiting period. Couples can marry immediately after obtaining the marriage license.

Can non-residents or visitors marry in Hawaii?

Yes, there is no residency requirement. Anyone of eligible age can marry in Hawaii, regardless of where they live.

What identification is needed to apply for a marriage license?

Applicants must present a valid government-issued photo ID, such as a driver’s license or passport. Additional documentation is required if previously married.

Are same-sex marriages legal in Hawaii?

Yes, Hawaii recognizes same-sex marriage and provides equal rights to all married couples.

How long is the marriage license valid?

A marriage license in Hawaii is valid for 30 days from the date of issuance.

Can minors get married in Hawaii?

Yes, but individuals aged 16-17 need written parental or guardian consent and approval from a family court judge.

Who can perform a marriage ceremony in Hawaii?

Only state-licensed officiants, which can include ministers, judges, and other designated officials, are authorized to perform marriage ceremonies.

What is not allowed under Hawaii’s marriage laws?

Marriages are not allowed between close relatives by blood, and individuals who are currently married cannot legally wed another person.

Do we need witnesses for our wedding ceremony?

No, witnesses are not required for marriage ceremonies in Hawaii.

Will my Hawaii marriage be recognized in other states or countries?

Yes, marriages performed legally in Hawaii are recognized by all U.S. states and most countries, though couples should check foreign laws if marrying internationally.

Additional Resources

For more information or assistance regarding marriage in Hawaii, you can contact:

• Hawaii State Department of Health - Vital Records Section (for marriage licenses and certificates)
• Hawaii State Judiciary (for family law information)
• Hawaii State Bar Association (for attorney referrals)
• Local family law attorneys and legal aid organizations

Next Steps

If you need legal assistance with your marriage-related matters in Hawaii, consider taking the following steps:

• Gather all necessary documents, including identification, previous marriage documentation if applicable, and any relevant records.
• Research Hawaii’s marriage requirements or consult the Hawaii State Department of Health for official guidance.
• Contact a licensed family law attorney experienced with Hawaii marriage laws, especially if you anticipate complex issues.
• Consider your future legal needs, such as creating a prenuptial agreement or managing name changes, and discuss these with your attorney.
• Be proactive in asking questions to ensure you fully understand your rights and responsibilities under Hawaii’s marriage laws.

Taking these steps will help you ensure a smooth process and provide you with clarity about your legal standing before, during, and after your marriage in Hawaii.