Annulment in Hawaii doesn’t just end a marriage—it declares it never legally existed. But qualifying isn’t easy, and the process has strict rules and serious legal consequences.
You can get an annulment in Hawaii only if your marriage was never legally valid. If you qualify, the family court issues a "decree of nullity," a final order declaring that the marriage was void. Hawaii's grounds are narrow, and the rules are unforgiving, so annulments in the state are rare. One example: For marriages based on force, duress, or fraud, a judge can't annul the marriage if you and your spouse lived together after the ceremony.
An annulment isn't the same as a divorce. Divorce ends a valid marriage. An annulment says the marriage never existed. Here, we cover who qualifies for an annulment in Hawaii, what a judge can order afterward, and how the filing process works.
What Are the Grounds for an Annulment in Hawaii?
The family court can declare a marriage void for any of these reasons, as long as the problem existed at the time of the wedding:
- bigamy (one spouse is already married)
- incest (the spouses are too closely related under Hawaii law)
- underage marriage (see below)
- lack of mental capacity (one spouse lacked the mental capacity to consent to the marriage)
- force, duress, or fraud (the spouse asking for the annulment was pressured or deceived into consenting)
- concealed disease (one spouse hid a "loathsome disease" from the other), or
- physical incapacity (see below).
(Haw. Rev. Stat. §§ 580-21, (2026).)
This list isn't necessarily the last word. Older Hawaii cases suggest a judge might annul a marriage for a reason that isn't spelled out in the statutes. If your situation doesn't fit neatly into one of the categories above, talk to a lawyer.
Hawaii's Rules for Underage Marriage
Generally, you must be 18 to marry in Hawaii. A 16- or 17-year-old can marry with the written consent of a parent or guardian, and a 15-year-old can marry with both that consent and the written approval of the family court in the circuit where they live. (Haw. Rev. Stat. §§ 572-1, 572-2 (2026).) Lawmakers have introduced bills to raise the age to 18 with no exceptions, but none has passed.
Only certain people can ask for an annulment on this ground: the parent or guardian entitled to custody of the minor, or anyone the court allows to bring the case as a friend of the minor. A spouse who was of legal age at the wedding can't use this ground at all. And once the underage spouse turns 18, any period of freely living together as a married couple ends the option. (Haw. Rev. Stat. § 580-22 (2026).)
When Mental or Physical Capacity Is the Issue
Two of the grounds turn on a spouse's capacity, and each has its own rules about who can file and when.
Mental capacity. Either spouse can ask for the annulment, and so can a guardian of the spouse who lacked capacity. There's no filing deadline. But if the couple freely lived together as a married couple after that spouse regained the capacity to consent, a judge can't grant the annulment. (Haw. Rev. Stat. § 580-26 (2026).)
Physical incapacity. Here the rules are narrower. Only the spouse claiming to be harmed can bring the case, and that spouse must file within two years of the wedding. (Haw. Rev. Stat. § 580-28 (2026).) “Physical incapacity” most likely means an inability to consummate the marriage, but Hawaii law doesn't define it, so ask a lawyer if you have questions about your situation.
Force, Duress, or Fraud: How Living Together Can Block a Hawaii Annulment
All three of these grounds are about consent—whether you freely agreed to marry and knew what you were agreeing to. Force and duress mean someone threatened or coerced you into going through with the ceremony. Fraud means your spouse deceived you into saying yes. Hawaii law doesn't define these terms, so judges weigh them case by case.
The law requires not only that your consent was obtained by force, duress, or fraud, but that you didn’t live together after the ceremony. If you did, the family court can't annul the marriage on this ground. (Haw. Rev. Stat. § 580-21 (2026).) Note that the statute doesn't make an exception for discovering the problem later. If you lived together at all after the ceremony, divorce might be your only option.
This particular rule doesn't apply to bigamous or incestuous marriages, which are invalid no matter how long the couple lived together. But living together can defeat an annulment based on age or mental capacity, and the physical incapacity ground has a two-year deadline, as described in the sections above.
What Happens After a Hawaii Annulment?
After an annulment, both spouses become single again and can remarry. If you have children, the law protects them. In Hawaii, when a marriage is annulled on any ground listed in the annulment statute, the children of that marriage are legitimate. (Haw. Rev. Stat. § 580-27 (2026).) That means they can inherit from both parents. Issues of custody, visitation, and child support are less clear. Ask a lawyer how a court is likely to handle them in your case.
Other money issues are also uncertain. Hawaii's property division and alimony rules apply when a court grants a divorce; they don’t mention annulment. (Haw. Rev. Stat. § 580-47(a) (2026).) The reasoning is that there's no marital estate to divide if there was never a valid marriage. This question isn't fully settled, and financial stakes can be high, so it’s worth talking to a lawyer before you file.
There is one narrow exception in Hawaii. If someone who is already married deceives you into marrying them, the court can order that person to pay an allowance for the support of you and your family. The court can also make them pay in advance for the costs of witnesses and other trial expenses. (Haw. Rev. Stat. § 580-24 (2026).)
How Do I Get an Annulment in Hawaii?
Hawaii's family courts handle annulments. To proceed, you must:
- Meet the residency rule. You have to live in the circuit where you file for at least three consecutive months before you apply. Being stationed in Hawaii under military orders doesn't disqualify you. (Haw. Rev. Stat. § 580-1 (2026).)
- File a complaint. Your complaint must be signed under oath and should clearly state your legal grounds for annulment, the supporting facts, and any requests regarding your children. You’ll be considered the “plaintiff,” and your spouse will be the “defendant.”
- Notify your spouse. The clerk will issue a summons, and someone (called a process server) will hand-deliver it to your spouse. If your spouse lives outside the circuit, you can ask to send it by registered or certified mail. Your spouse will have a deadline to respond in writing. If they don't, you can ask the court to move forward without them (called a default).
- Prove your case. Your own testimony won’t be enough. Hawaii law says a court can't grant a decree of nullity based only on what the spouses say, and it requires exact legal proof on every point even if both spouses agree. Plan to bring witnesses and documents to support your case. (Haw. Rev. Stat. §§ 580-5, 580-29 (2026).)
Where to Find Annulment Forms and Legal Help in Hawaii
Hawaii doesn't publish annulment forms. Your circuit clerk's office or a lawyer can tell you what the court expects. The Hawaii State Judiciary's family courts page has contact information for each circuit and the current fee schedule.
If you need advice, contact the Legal Aid Society of Hawaii to see whether you qualify for free or low-cost help. Because the grounds for annulment are narrow and the procedure isn’t set up for self-help, it’s wise to consult a family law attorney before you file.
