Hawaii Annulment Laws
580-21-29; 572-1, 2
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
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.
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.