Common Legal Mistakes to Avoid When Getting Married in Hawaii

Dreaming of getting married in Hawaii? Yes, for many couples, it’s a true wedding fantasy, and it’s not just because of the beautiful scenery. It is actually the straightforward legal procedure that makes getting married a breeze. 

But even with its simplicity, there are some common legal mistakes couples make, complicating the whole ordeal. Luckily, we’re here to help you navigate these pitfalls so your special day goes stress-free!

Mistake 1: Not Applying for a Marriage License 

One of the biggest legal mistakes couples make is assuming they don’t need a Hawaii marriage license. This usually happens among couples having a destination wedding or eloping. 

In Hawaii, both partners must apply for and pick up the marriage license in person from a Hawaii State Licensing agent. There is no other option, and again, both must be present together.

You can fill out an online application, but you should do this 30 days before the wedding since you must meet the agent in person within those 30 days to verify your information and pick up the license. The Hawaii marriage license is valid for 30 days after issuance, so have this in mind when scheduling your special day.

Remember: Timing is key! Applying too early or too late can cause trouble since your license may expire before the ceremony. 

Mistake 2: Ignoring Age Restrictions

In Hawaii, minors can’t get legally married. Both partners must be at least 18 years old to get legally married. However, there are certain exceptions. As such, if you’re under 18, other rules and requirements apply, such as parental consent.

Also, Hawaiian law prohibits marriage between close blood relatives, closer than first cousins. So before you choose to take the next step, ensure you’re eligible and don’t accidentally violate this rule. 

Mistake 3: Not Having a Licensed Officiant

Many couples want their friends to officiate the wedding. While this is allowed, when it comes to getting the legal part wrapped up, your marriage can only be legally recognized if performed by a person licensed by the State of Hawaii. 

This includes judges, ordained ministers, court clerks, marriage commissioners, or other authorized persons. Using an unlicensed or unauthorized Hawaii wedding officiant could lead to an invalid marriage certificate, or simply put, a null wedding.

Mistake 4: Not Having the Required Documents

A Hawaii marriage license is just one thing among the documents you should present. According to Hawaii marriage requirements, you must give a valid government-issued photo ID when you apply for your marriage license, such as a driver’s license, passport, or state ID. 

Moreover, if either of you has been previously married, you must present valid documentation proving that that marriage is over, such as a certified divorce decree or a death certificate (if widowed). Of course, if these documents aren’t in English, you’ll need to get a certified translation.

Mistake 5: Needing at least Two Witnesses

When you are getting married in Hawaii, you DO NOT need two witnesses – or any witnesses present at the ceremony to sign the marriage license and validate it. Technically, the licensed officiant is your primary witness.

You are of course able to have your guests and family witness the event. But that is purely for sentimental purposes.  

Mistake 6: Overlooking the Additional Requirements for Foreigners

Getting married in Hawaii is something anyone can do, but that doesn’t mean there are no special rules for foreigners. If one or both sides are not U.S. citizens, you should check whether your home country requires an apostille or additional recognition of your Hawaiian marriage license to use it legally abroad. Failing to do this will only complicate the process, both in your home country and in Hawaii.

Mistake 7: Not Checking Your Marriage Certificate

This mistake comes after getting married in Hawaii. After the ceremony, the Hawaii Department of Health will send the official marriage certificate to the address you provided during the license application. This certificate proves your marriage is legally recognized.

A common mistake for couples on a destination wedding in Hawaii is forgetting to update their address, and sometimes even not knowing how long the process takes (usually 3-4 weeks). This can delay the process of obtaining legal proof of marriage.

Conclusion

Getting married in Hawaii is a wonderful experience, but don’t forget that it has to follow certain rules. Some couples forget details that make their day way more stressful. By understanding the Hawaii marriage requirements, meeting the identification requirements, following the rules for foreigners, getting an authorized officiant, and adhering to a few other rules, you ensure a smooth ceremony. 

After all, preparation is everything when it comes to your big day. With these tips in mind, we’re certain you won’t have any trouble celebrating your love in one of the most beautiful places in the world. For more information, visit our Wedding Services and Locations pages and make sure to scroll through our blog. But if you feel you have questions, you can always contact us, and we’ll help you create the wedding of your dreams.

Mahalo and aloha to your happily ever after!

FAQ

1. How long does it take to get a marriage license in Hawaii?

Once you fill out the online application, it should take around 30 days to receive it. Hence, it’s best to apply at least a month before your wedding. Moreover, don’t forget that both partners must go and pick it up together. 

2. Can I use the marriage license from Hawaii in another place?

No, the marriage license you obtain in Hawaii can only be used in Hawaii. If you want to have a wedding in another state, you’ll have to check and adhere to that state’s legal requirements. 

3. Who can be my officiant?

In Hawaii, only licensed officiants can officiate a wedding. This includes judges, court clerks, ordained ministers, marriage commissioners, and people authorized by the state. 

4. What is the legal marriage age in Hawaii?

Both partners must be 18 years old when getting married in Hawaii. There are certain exceptions when people under 18 years old can get married, but specific rules apply to them.