reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-87 Appointment of counsel and guardian ad litem; compensation.

§571-87 Appointment of counsel and guardian ad litem; compensation.
(a) When it appears to a judge that a person requesting the appointment of counsel satisfies the requirements of chapter 802 for determination of indigency, or the court in its discretion appoints counsel under chapters [587A] and 346, part X, or that a person requires appointment of a guardian ad litem, the judge shall appoint counsel or a guardian ad litem to represent the person at all stages of the proceedings, including appeal, if any. Appointed counsel and the guardian ad litem shall receive reasonable compensation for necessary expenses, including travel, the amount of which shall be determined by the court, and reasonable fees pursuant to subsections (b) and (c). All of these expenses and fees shall be certified by the court and paid upon vouchers approved by the judiciary and warrants drawn by the comptroller.
(b) The court shall determine the amount of reasonable compensation paid to appointed counsel and guardian ad litem, based on the following rates:
(1) $90 an hour for in-court services provided by an attorney licensed to practice law in the State; and
(2) $60 an hour for:
(A) Out-of-court services provided by an attorney licensed to practice law in the State; and
(B) All services provided by a person who is not an attorney licensed to practice law in the State, whether performed in-court or out-of-court.
(c) The maximum allowable fee shall not exceed the following schedule:
(1) Cases arising under chapters [587A] and 346, part X:
(A). Predisposition . . . . . . . . . . . . . . $3,000;
(B). Postdisposition review hearing . . . . . . $1,000;
(2) Cases arising under chapters 560, 571, 580, and
584 . . . . . . . . . . . . .. . . . . . . . . .$3,000.
Payments in excess of any maximum provided for under paragraphs (1) and (2) may be made whenever the court in which the representation was rendered certifies, based upon representations of extraordinary circumstances, attested to by the applicant, that the amount of the excess payment is necessary to provide fair compensation in light of those circumstances, and the payment is approved by the administrative judge of that court.
(d) Nothing in this section shall preclude the judiciary from contracting for court-appointed counsel and guardian ad litem services pursuant to chapter 103D and based on contract amounts guided by the rates in subsection (b). [L 1987, c 376, §1; am L 1989, c 381, §4; am L 1990, c 234, §8; am L 2007, c 218, §1; am L 2008, c 201, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-88 Orders expunging juvenile arrest records.

§571-88 Orders expunging juvenile arrest records.
(a) The court may issue an order expunging a juvenile arrest record of a person upon written application by the person or, if the person is a minor, the minor's parent or guardian; provided the arrest was made pursuant to section 571-11(1) or (2) and the arrest record meets the following criteria:
(1) The matter was not referred to the prosecuting attorney or the family court and:
(A) The person was not counseled and released by the police; or
(B) The person was counseled and released by the police and the person has become an adult; or
(2) The matter was referred to the prosecuting attorney or family court and:
(A) The person was not adjudicated responsible by the court; or
(B) The matter was dismissed with prejudice.
(b) Before issuing an order to expunge an arrest record of a matter that was never referred to the court, the court shall consult with the prosecuting attorney in the appropriate circuit.
(c) Upon issuance of an expungement order under this section, the court shall:
(1) Forward copies of the expungement order to the police department and the department of the attorney general for expungement of the arrest record; and
(2) Issue to the person for whom the expungement order was issued, a certificate stating that an expungement order was issued and that its effect is to annul the record of one or more specific arrests. The certificate shall:
(A) Authorize the person to state, in response to any question or inquiry, whether or not under oath, that the person has no record regarding the specific arrest; and
(B) State that the person shall not be subject to any action for perjury, civil suit, discharge from employment, or any other adverse action for making any statement authorized by the certificate.
(d) A person whose arrest record has been expunged under this section shall not be subject to any action for perjury, civil suit, discharge from employment, or any other adverse action for responding to any question or inquiry, whether or not under oath, that the person has no record regarding the specific arrest expunged.
(e) As used in this section:
"Arrest record" means any record maintained by a county police department or the department of the attorney general under chapters 846 and 846D, relating to the arrest of the minor for a specific offense, including fingerprints taken during the arrest and maintained under section 846-2.5(b).
"Expunge" means a process defined by agency policy in which records are segregated and kept confidential, or destroyed. [L 2001, c 233, §1; am L 2002, c 26, §1; am L 2003, c 6, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-89 Family court; annual report.

§571-89 Family court; annual report.
Each deputy chief court administrator, or the administrator's designee, shall submit an annual report to the board of family court judges and the Hawaii juvenile justice state advisory council that includes:
(1) The number and per cent of cases ordered to administrative monitoring status;
(2) The number and per cent of cases ordered to administrative monitoring status that were subsequently closed without a protective supervision or probation term;
(3) The number and per cent of youth disposed to a probation term, and the outcome of the probation terms;
(4) The number and per cent of cases committed to a Hawaii youth correctional facility; the underlying offense or type of probation violation or revocation precipitating commitment; and the age, race, and gender of the child; and
(5) The number and per cent of cases returned to court supervision on a maintained probation term following a release from a Hawaii youth correctional facility. [L 2014, c 201, pt of §3]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-91 Definitions.

§571-91 Definitions.
As used in this part:
"Deploying parent" or "deployed parent" means a legal parent or a legal guardian of a child under the age of eighteen, who is deployed, will likely deploy within the next sixty days, or who has received written orders to deploy.
"Deployment" or "deployed" means military services performed in compliance with a valid order received by an active duty or reserve member of the armed forces of the United States or National Guard to report for combat operations, contingency operations, peacekeeping operations, temporary duty greater than sixty days, a remote tour of duty, or other active service for which the deploying parent reports unaccompanied by any family member.
"Military service" includes the period from which the deployed parent receives and is subject to deployment orders and the period in which the parent is awaiting travel or remains deployed because of sickness, wounds, leave, or other lawful cause.
"Other parent" means the legal parent or legal guardian other than the deploying parent. [L 2010, c 177, pt of §2]
Revision Note
Definitions rearranged pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-92 Application.

§571-92 Application.
This part shall only apply to actions under chapters 580 and 584. Nothing in this part shall supersede any provision of any existing state or federal law. The provisions in this part shall be interpreted consistently with other relevant laws and the standard of "best interest of the child" shall remain paramount. [L 2010, c 177, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-93 Duty to cooperate and disclose information.

§571-93 Duty to cooperate and disclose information.
(a) Both the deploying parent and other parent shall cooperate with and provide information to each other in an effort to reach a mutually agreeable resolution regarding custody of and visitation with the child.
(b) A deploying parent shall provide a copy of the deploying parent's orders to the other parent promptly before deployment. Notification to the other parent shall be made at least sixty days prior to the likely start of the deployment if known, or within ten days of the deploying parent's receipt of the deploying parent's deployment orders. If fewer than ten days' notice is received by the deploying parent, then notice shall be given immediately upon receipt of the deployment orders.
(c) The court may consider the deploying parent's timeliness in disclosing an impending deployment under this section to the other parent when making any orders under this part, unless a delay or failure to disclose was necessitated by valid military or operational security concerns. [L 2010, c 177, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-94 Hearings; electronic participation.

§571-94 Hearings; electronic participation.
Upon reasonable advance notice to the court and the other parent and for good cause shown, the court may expedite custody hearings involving deploying parents and may allow an already-deployed parent to participate in a custody hearing by electronic means, including telephone, video conference, and any other means available to and deemed reliable by the court. [L 2010, c 177, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-95 Sole factor; effect on existing orders.

§571-95 Sole factor; effect on existing orders.
(a) Deployment or the potential for future deployment shall not be the sole factor in awarding custody and must be considered in relation to all of the factors in section 571-46.
(b) If deployment or the potential for future deployment results in the modification of the custody or visitation terms established by a prior order, the court order shall include, without limitation, the following conditions:
(1) A specific transition schedule to facilitate return to the prior order over the shortest reasonable time period after the deployment ends, taking into consideration the best interest of the child;
(2) A specific date at which time the prior order will return to full force and effect; and
(3) If the deployment is extended or shortened, then:
(A) The deployed parent has a duty to inform the other parent of the change as soon as the information is available;
(B) The other parent has the responsibility to return to court to change the effective date of the modification of the prior order made pursuant to this subsection; and
(C) The transition schedule shall take effect at the end of the modified deployment.
(c) Upon request of either parent the court may set a review hearing to occur within thirty days of the deployed parent's return from deployment at which time the court may make such orders as are in the best interest of the child. [L 2010, c 177, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-96 Visitation and contact.

§571-96 Visitation and contact.
Unless otherwise ordered by the court and consistent with the best interest of the child, including safety considerations in cases involving a finding of domestic violence, any order that anticipates deployment may require that:
(1) The other parent shall make the child reasonably available to the deploying parent when the deploying parent has leave;
(2) The deployed parent shall provide timely information regarding the deployed parent's leave schedule;
(3) Both parents shall facilitate opportunities for telephonic and electronic contact, appropriate for each child, between the deployed parent and the child during deployment; and
(4) Each parent shall provide immediate notification to the other parent of a change of address or contact information, or both. [L 2010, c 177, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-97 Delegation of the deployed parent's contact rights to another.

§571-97 Delegation of the deployed parent's contact rights to another.
(a)
Upon motion of the deploying parent and consistent with the best interest of the child, including safety considerations in cases involving a finding of domestic violence, the court may delegate the deploying parent's parent-child contact rights, or a portion thereof, to a family member, whether biological or by adoption, or to a person to whom the deploying parent is married or with whom the deploying parent cohabitates; provided that the family member or person has an existing close and substantial relationship with the child.
(b) Any delegated parent-child contact under this section shall not create separate rights of or standing to assert any rights to parent-child contact or any other contact for the family member or person. Any parent-child contact delegated under this section shall cease pursuant to court order, upon the return of the deployed parent, or upon the deployed parent's death. [L 2010, c 177, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-1.7 Continuity of rights; civil union and reciprocal beneficiary relationships.

§572-1.7 Continuity of rights; civil union and reciprocal beneficiary relationships.
(a) Two individuals who are civil union partners or reciprocal beneficiaries with each other and who seek to marry each other shall be permitted to apply for a marriage license under section 572-6 and to marry each other under this chapter without first terminating their civil union or reciprocal beneficiary relationship; provided that the two individuals are otherwise eligible to marry under this chapter.
(b) The couple's civil union or reciprocal beneficiary relationship shall continue uninterrupted until the solemnization of the marriage consistent with this chapter, and the solemnization of the couple's marriage shall automatically terminate the couple's civil union or reciprocal beneficiary relationship.
(c) The act of seeking a license for or entering into a marriage under this chapter shall not diminish any of the rights, benefits, protections, and responsibilities that existed previously due to the couple's earlier status as civil union partners or reciprocal beneficiaries.
(d) The rights, benefits, protections, and responsibilities created by the civil union or reciprocal beneficiary relationship shall be continuous through the marriage and deemed to have accrued as of the first date these rights existed under the civil union or reciprocal beneficiary relationship; provided that the civil union or reciprocal beneficiary relationship was in effect at the time of the solemnization of the couple's marriage to each other.
(e) Any rights, benefits, protections, and responsibilities created by the solemnization of a marriage that were not included within the reciprocal beneficiary relationship shall be recognized as of the date the marriage was solemnized.
(f) Property held by the couple in tenancy by the entirety shall be subject to section 509-3. [L Sp 2013 2d, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-1.8 Interpretation of terminology to be gender-neutral.

§572-1.8 Interpretation of terminology to be gender-neutral.
When necessary to implement the rights, benefits, protections, and responsibilities of spouses under the laws of this State, all gender-specific terminology, such as "husband", "wife", "widow", "widower", or similar terms, shall be construed in a gender-neutral manner. This interpretation shall apply to all sources of law, including statutes, administrative rules, court decisions, common law, or any other source of law. [L Sp 2013 2d, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-1.9 Reliance on federal law.

§572-1.9 Reliance on federal law.
Any law of this State that refers to, adopts, or relies upon federal law shall apply to all marriages recognized under the laws of this State as if federal law recognized such marriages in the same manner as the laws of this State so that all marriages receive equal treatment. [L Sp 2013 2d, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-2 Consent of parent or guardian.

§572-2 Consent of parent or guardian.
Whenever any person who is under the age of eighteen is to be married, the written consent of his or her parents, or guardian or other person in whose care and custody he or she may be, shall accompany the application for a license to marry. No license shall be issued to any minor who is under the jurisdiction of the family court without the written consent of a judge of such court. [CC 1859, §1291; RL 1925, §2944; am L 1929, c 104, §1; RL 1935, §4631; RL 1945, §12352; am L 1947, c 43, §1; RL 1955, §323-2; am L 1965, c 232, §1; HRS §572-2; am L 1969, c 45, §1; am L 1972, c 2, pt of §34 and c 192, pt of §1]
Case Notes
Marriage by female over fifteen but under eighteen years of age without consent of parent voidable; the words, "having the care and government of such party" modify the words "other person". 26 H. 89 (1921).
Consent of parties, necessity of. 28 H. 581 (1925).
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-3 Contracted without the State.

§572-3 Contracted without the State.
Marriages between two individuals regardless of gender and legal where contracted shall be held legal in the courts of this State. [CC 1859, §1290; RL 1925, §2945; RL 1935, §4632; RL 1945, §12353; RL 1955, §323-3; HRS §572-3; am L 1994, c 217, §4; am L Sp 2013 2d, c 1, §4]
Rules of Court
Determination of foreign law, see HFCR rule 44.1.
Proof of official record, see HFCR rule 44.
Case Notes
If legal where entered into, legal everywhere unless odious by common consent of civilized nations. 3 H. 489 (1873); 12 H. 329 (1900).
Presumption of validity. 29 H. 716 (1927).
Mexican proxy marriage. 47 H. 345, 388 P.2d 846 (1964).
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-4 Right of domicile, sex or marital status.

§572-4 Right of domicile, sex or marital status.
The right of an individual to be or to become a resident domiciled in this State shall not be denied or abridged because of the sex or marital status of the individual. The residence of one spouse does not establish the residence of the other spouse, which shall be determined by the same factors that apply in determining the residence of any other individual capable of having an independent residence. [L 1931, c 51, §1; RL 1935, §4633; RL 1945, §12354; RL 1955, §323-4; HRS §572-4; am L 1981, c 6, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-6 Application; license; limitations.

§572-6 Application; license; limitations.
(a) To secure a license to marry, the persons applying for the license shall appear personally before an agent authorized to grant marriage licenses and shall file with the agent an application in writing. The application shall be accompanied by a statement signed and sworn to by each of the persons, setting forth: the person's full name, date of birth, social security number, residence; their relationship, if any; the full names of parents; and that all prior marriages or civil unions, if any, other than an existing civil union between the persons applying for the marriage license, have been dissolved by death or dissolution. If all prior marriages or civil unions, other than an existing civil union between the persons applying for the marriage license, have been dissolved by death or dissolution, the statement shall also set forth the date of death of the last prior spouse or the date and jurisdiction in which the last decree of dissolution was entered. Any other information consistent with the standard marriage certificate, as recommended by the Public Health Service, National Center for Health Statistics, may be requested for statistical or other purposes, subject to approval of and modification by the department of health; provided that the information shall be provided at the option of the applicant and no applicant shall be denied a license for failure to provide the information. The agent shall endorse on the application, over the agent's signature, the date of the filing thereof and shall issue a license which shall bear on its face the date of issuance. Every license shall be of full force and effect for thirty days commencing from and including the date of issuance. After the thirty-day period, the license shall become void and no marriage ceremony shall be performed thereon.
(b) It shall be the duty of every person, legally authorized to grant licenses to marry, to immediately report the issuance of every marriage license to the agent of the department of health in the district in which the license is issued, setting forth all facts required to be stated in such manner and on such form as the department may prescribe. [L 1929, c 104, §3; RL 1935, §4635; RL 1945, §12356; RL 1955, §323-6; am L Sp 1959 2d, c 1, §19; HRS §572-6; am L 1969, c 191, §1; am L 1974, c 31, §1; gen ch 1985; am L 1989, c 35, §1; am L 1997, c 293, §25; am L Sp 2013 2d, c 1, §5]
Revision Note
Pursuant to §23G-15:
(1) Subsection designations added;
(2) Comma added after "certificate"; and
(3) "Indorse" changed to "endorse".
Attorney General Opinions
Power to waive three-day waiting period is vested in district magistrates only, not in circuit court judges. Att. Gen. Op. 64-56.
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-9 Persons under age.

§572-9 Persons under age.
Whenever any person who is under the age of eighteen, whose parents are dead, or who is a ward of a family court, applies for a license to marry, he or she shall set forth in the statement accompanying the application, the name of his or her guardian or of any other person in whose care and custody he or she may be. [L 1917, c 189, §2; RL 1925, §2948; am L 1929, c 104, §4; RL 1935, §4637; RL 1945, §12358; am L 1947, c 43, §2; RL 1955, §323-9; am L 1965, c 232, §1; HRS §572-9; am L 1972, c 2, pt of §34]
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-10 Applicant apparently under age.

§572-10 Applicant apparently under age.
If any applicant for a license to marry appears to any agent to be under the age of eighteen years, the agent shall, before granting a license to marry, require the production of a certificate of birth or other satisfactory proof showing the age of the applicant. [L 1931, c 65, §3; RL 1935, §4638; RL 1945, §12359; RL 1955, §323-10; HRS §572-10; am L 1979, c 105, §56]
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-11 Marriage ceremony; license to solemnize; fees.

§572-11 Marriage ceremony; license to solemnize; fees.
(a) It shall be unlawful for any person to perform a marriage ceremony within the State without first obtaining from the department of health a license to solemnize marriages. A standard license to solemnize marriages shall be valid for one year from the date of issuance. A short-term license to solemnize marriages shall be valid for sixty days from the date of issuance.
(b) The fee for a standard license to solemnize marriages shall be $100 per year. The fee for a short-term license to solemnize marriages shall be $25 per sixty-day period. All fees received for the issuance of licenses to solemnize marriages shall be remitted to the director of health. Upon receipt of a fee for a license under this section, the director shall deposit:
(1) For standard licenses, $75 to the vital statistics improvement special fund established under section 338-14.6, and $25 to the general fund; and
(2) For short-term licenses, $20 to the vital statistics improvement special fund established under section 338-14.6, and $5 to the general fund. [CC 1859, §1283; RL 1925, §2949; am L 1929, c 104, §5; RL 1935, §4639; RL 1945, §12360; RL 1955, §323-11; am L Sp 1959 2d, c 1, §19; HRS §572-11; am L 1969, c 19, §1; am L 2023, c 206, §2]
Case Notes
License is necessary, but marriage may be presumed although no proof of license. Presumption is rebuttable. 34 H. 161 (1937).
Cited: 16 H. 377, 379 (1905).
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-12 By whom solemnized.

§572-12 By whom solemnized.
(a) A license to solemnize marriages may be issued to, and the marriage rite may be performed and solemnized by:
(1) Any minister, priest, or officer of any religious denomination or society who has been ordained or is authorized to solemnize marriages according to the usages of that denomination or society;
(2) Any religious society not having clergy but providing solemnization in accordance with the rules and customs of that society; or
(3) Any justice or judge or magistrate, active or retired, of a state or federal court in the State,
upon presentation to the person or society solemnizing the marriage of a license to marry, as prescribed by this chapter. A person or society licensed to solemnize a marriage may receive the price stipulated by the parties or any gratuity tendered.
(b) A civil license to solemnize marriages may be issued to, and the marriage rite may be performed and solemnized by, any individual at least eighteen years of age, upon presentation to the individual of a license to marry, as prescribed by this chapter. An individual with a civil license to solemnize a marriage may receive the price stipulated by the parties or any gratuity tendered. An individual who performs a solemnization of a marriage pursuant to a civil license issued under this subsection shall obtain the prior written consent of each person for whom a solemnization is performed and fulfill all provisions of sections 572-13 and 572-15 applicable to persons authorized to solemnize marriages. [CC 1859, §1285; RL 1925, §2950; am L 1929, c 104, §6; RL 1935, §4640; RL 1945, §12361; RL 1955, §323-12; HRS §572-12; am L 1969, c 19, §2; am L 1974, c 15, §1; am L 2021, c 211, §2; am L 2023, c 206, §3]
Case Notes
In adultery, testimony of clergy who was authorized to solemnize and perform marriage is admissible. 10 H. 440 (1896).
If record introduced, not necessary to prove that celebrant had authority to solemnize. 10 H. 442 (1896).
No ceremony necessary, but license is. 25 H. 397 (1920).
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-12.1 Refusal to solemnize a marriage.

§572-12.1 Refusal to solemnize a marriage.
(a) Notwithstanding any other law to the contrary, a clergy, minister, priest, rabbi, officer of any religious denomination or society, or religious society not having clergy but providing solemnizations that is authorized to perform solemnizations pursuant to this chapter shall not be required to solemnize any marriage that is in violation of their religious beliefs or faith.
(b) A clergy, minister, priest, rabbi, officer of any religious denomination or society, or religious society not having clergy but providing solemnizations that, pursuant to this section, fails or refuses to perform the solemnization of a marriage shall be immune from any fine, penalty, injunction, administrative proceeding, or any other legal or administrative liability for the failure or refusal. [L Sp 2013 2d, c 1, pt of §2]
Cross References
Refusal to join persons in a civil union, see §572B-4.
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-12.2 Religious organizations; exemption under certain circumstances.

§572-12.2 Religious organizations; exemption under certain circumstances.
(a) Notwithstanding any other law to the contrary, a religious organization or nonprofit organization operated, supervised, or controlled by a religious organization shall not be required to provide goods, services, or its facilities or grounds for the solemnization or celebration of a marriage that is in violation of its religious beliefs or faith.
(b) A religious organization or nonprofit organization operated, supervised, or controlled by a religious organization that, pursuant to this section, fails or refuses to provide goods, services, or its facilities or grounds for the solemnization or celebration of a marriage shall be immune from any fine, penalty, injunction, administrative proceeding, or any other legal or administrative liability for the failure or refusal. [L Sp 2013 2d, c 1, pt of §2]
Cross References
Civil unions, exemption for religious organizations, see §572B-9.5.
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-13 Record of solemnization; marriages, reported by whom; certified copies.

§572-13 Record of solemnization; marriages, reported by whom; certified copies.
(a) Recordkeeping. Every person authorized to solemnize marriage shall make and preserve a record of every marriage by the person solemnized, comprising the names of the parties married, their place of residence, and the date of their marriage.
Every person authorized to solemnize marriage, who neglects to keep a record of any marriage by the person solemnized shall be fined $50.
(b) Marriages, reported by whom. It shall be the duty of every person, legally authorized to perform the marriage ceremony, to report within three business days every marriage ceremony, performed by the person, to the agent of the department of health in the district in which the marriage takes place setting forth all facts required to be stated in a standard certificate of marriage, the form and contents of which shall be prescribed by the department of health; provided that if any person who has solemnized a marriage fails to report it to the agent of the department of health, the parties married may provide the department of health with a notarized affidavit attesting to the fact that they were married and stating the date and place of the solemnization of the marriage. Upon the receipt of that affidavit by the department of health, the marriage shall be deemed to be valid as of the date of the solemnization of the marriage stated in the affidavit; provided that the requirements of section 572-1 are met.
(c) Certified copies of certificate of marriage. The department of health shall deliver one certified copy of the certificate of marriage or the contents or any part thereof as provided in section 338-13 to the persons married.
Upon request, the department of health shall furnish to any applicant additional certified copies of the certificate of marriage or any part thereof.
Except for any certificate of marriage replaced, sealed, and filed pursuant to section 338-11.5, copies of the contents of any certificate on file with, and certified by, the department shall be considered the same as the original for all purposes.
The department may prescribe reasonable fees, if any, to be paid for certified copies of certificates. [L 1864, p 21; am L 1903, c 8, §2; am L 1911, c 23, §1; RL 1925, §2951; RL 1935, §4641; RL 1945, §12362; RL 1955, §323-13; HRS §572-13; am L 1974, c 31, §2; am L 1978, c 49, §2; am L 1981, c 202, §2; gen ch 1985; am L Sp 2013 2d, c 1, §6; am L 2023, c 179, §3]
Case Notes
Record competent evidence to prove marriage. 10 H. 442 (1896).
Record as evidence, introduction. 25 H. 392 (1920).
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-13.5 Revocation or suspension of licenses to solemnize.

§572-13.5 Revocation or suspension of licenses to solemnize.
Any license to solemnize marriages issued pursuant to section 572-12 may be revoked or suspended by the department of health, if the holder of the license has failed to comply with the applicable provisions of this chapter or of the rules of the department of health. [L 1981, c 202, §3]
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-15 Delivery of records to department of health; penalty.

§572-15 Delivery of records to department of health; penalty.
Whenever any agent authorized to grant marriage licenses ceases to be an agent, or is directed to do so by the department of health, or leaves the State, the agent shall deliver to the department all the agent's records of marriage licenses. Upon the death of any such agent such records shall be delivered to the department by the agent's personal representative or other legal representative.
Whenever any person holding a license to perform the marriage ceremony is directed to do so by the department, or whenever the license is canceled or otherwise terminated or upon the departure from the State of any such person, the person shall deliver to the department all the person's records of marriages, or upon the death of any such person such records shall be delivered to the department by the person's personal representative, or other legal representative.
Any person violating this section shall be fined not more than $500. [L 1864, p 22; am L 1903, c 8, §2; RL 1925, §2953; am L 1929, c 104, §7; am L 1931, c 65, §2; RL 1935, §4643; RL 1945, §12364; RL 1955, §323-15; am L Sp 1959 2d, c 1, §19; HRS §572-15; am L 1976, c 200, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-21 Presumption of separate property.

Note
Part heading added by L 1984, c 79, §1.
Cross References
Community property, see chapter 510.
§572-21 Presumption of separate property.
There is a rebuttable presumption that all property, both real and personal, acquired in the name of the husband or of the wife, without regard to the time of acquisition thereof, is the separate property of the spouse in the name of whom the same has been acquired. [L 1945, c 273, pt of §1; am L 1949, c 242, §3(a); RL 1955, §326-1; HRS §510-1; ren L 1984, c 79, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-23 Not liable for spousal debts.

§572-23 Not liable for spousal debts.
A married person is not liable for the debts of a spouse; nor is a married person's property liable to be taken on execution or other process against that person's spouse. [L 1888, c 11, §6; RL 1925, §2999; RL 1935, §4650; RL 1945, §12371; am L 1945, c 254, §2; RL 1955, §325-6; HRS §573-6; am L 1978, c 77, §1(1); ren L 1984, c 79, §1]
Case Notes
Wife who takes whole as surviving tenant by the entirety not liable for husband's debts. 47 H. 629, 645, 394 P.2d 432 (1964). See 3 H. 802 (1877).
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-26 May be personal representative, guardian, trustee, or other fiduciary.

§572-26 May be personal representative, guardian, trustee, or other fiduciary.
A married person may be a personal representative, guardian, trustee, custodian, or other fiduciary and may bind the person's self and the estate the person represents without any act or assent on the part of the person's spouse. [L 1888, c 11, §4; RL 1925, §2996; RL 1935, §4647; RL 1945, §12368; RL 1955, §325-3; HRS §573-3; am L 1976, c 200, pt of §1; ren and am L 1987, c 46, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-27 Persons as sureties.

§572-27 Persons as sureties.
All persons, upon attaining their majority, and having the necessary property qualifications as by law required, may act, serve, and be sureties on all bonds and undertakings required under the laws of the State. [L 1923, c 9, §1; RL 1925, §2997; RL 1935, §4648; RL 1945, §12369; RL 1955, §325-4; HRS §573-4; ren and am L 1987, c 46, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-28 Suits by and against.

§572-28 Suits by and against.
A married person may sue and be sued in the same manner as if the person were sole. This section shall be construed to authorize tort suits between spouses. [L 1888, c 11, §5; RL 1925, §2998; RL 1935, §4649; RL 1945, §12370; RL 1955, §325-5; HRS §573-5; ren and am L 1987, c 46, pt of §2; am L 1993, c 70, §2]
Cross References
Torts, who may sue and for what, see §663-1.
Law Journals and Reviews
Empowering Battered Women: Changes in Domestic Violence Laws in Hawai`i. 17 UH L. Rev. 575 (1995).
Interspousal Torts: A Procedural Framework for Hawai`i. 19 UH L. Rev. 377 (1997).
2023 Hawaii Revised Statutes › Title 31. Family › 572. Marriage › 572-29 Marriage settlement not invalidated.

§572-29 Marriage settlement not invalidated.
Nothing contained in this part shall invalidate any marriage settlement or contract. [L 1888, c 11, §11; RL 1925, §3004; RL 1935, §4655; RL 1945, §12376; RL 1955, §325-8; HRS §573-8; ren and am L 1987, c 46, §3 and am c 283, §59]
2023 Hawaii Revised Statutes › Title 31. Family › 572B. Civil Unions › 572B-1 Definitions.

§572B-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Agent" means the person or persons appointed as an agent or agents by the department of health pursuant to section 572-5.
"Civil union" means a union between two individuals established pursuant to this chapter.
"Partner" means an individual who is a party to a civil union established pursuant to this chapter. [L 2011, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 572B. Civil Unions › 572B-2 Eligibility to enter into a civil union.

§572B-2 Eligibility to enter into a civil union.
A person shall be eligible to enter into a civil union only if the person is:
(1) Not a partner in another civil union or a spouse in a marriage;
(2) At least eighteen years of age; and
(3) Not related to the other proposed partner in the civil union, as provided in section 572B-3. [L 2011, c 1, pt of §2; am L 2012, c 267, §5]
2023 Hawaii Revised Statutes › Title 31. Family › 572B. Civil Unions › 572B-3 Civil unions void; when.

§572B-3 Civil unions void; when.
A civil union shall be void between the following persons: parent and child, grandparent and grandchild, two siblings, aunt and nephew, aunt and niece, uncle and nephew, uncle and niece, and persons who stand in relation to each other as ancestor and descendant of any degree whatsoever. [L 2011, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 572B. Civil Unions › 572B-4 Solemnization; license to perform; refusal to join persons in a civil union.

§572B-4 Solemnization; license to perform; refusal to join persons in a civil union.
(a) A civil union shall become valid only upon completion of a solemnization by a person licensed in accordance with this section.
(b) Any judge or retired judge, including a federal judge or judge of another state who may legally join persons in chapter 572 or a civil union, may solemnize a civil union. Any clergy, minister, priest, rabbi, or officer of any religious denomination or society who has been ordained or is authorized to solemnize civil unions according to the usages of such denomination or society, or any religious society not having clergy but providing solemnization in accordance with the rules and customs of that society, may solemnize a civil union.
(c) Notwithstanding any other law to the contrary, a clergy, minister, priest, rabbi, officer of any religious denomination or society, or religious society not having clergy but providing solemnizations that is authorized to perform solemnizations of civil unions pursuant to this chapter shall not be required to solemnize any civil union that is in violation of their religious beliefs or faith.
(d) A clergy, minister, priest, rabbi, officer of any religious denomination or society, or religious society not having clergy but providing solemnizations that, pursuant to this section, fails or refuses to perform the solemnization of a civil union shall be immune from any fine, penalty, injunction, administrative proceeding, or any other legal or administrative liability for the failure or refusal.
(e) No agent may solemnize a civil union; nor may any assistant or deputy of the agent solemnize a civil union.
(f) No person shall perform the solemnization of a civil union without first having obtained a license from the department of health. The department of health shall issue licenses to solemnize civil unions in the same manner as it issues licenses pursuant to chapter 572. The department of health may revoke or suspend a license to solemnize civil unions. Any penalties or fines that may be levied or assessed by the department of health for violation of chapter 572 shall apply equally to a person licensed to solemnize civil unions. [L 2011, c 1, pt of §2; am L 2012, c 267, §6; am L Sp 2013 2d, c 1, §7]
Cross References
Refusal to solemnize a marriage, see §572-12.1.
2023 Hawaii Revised Statutes › Title 31. Family › 572B. Civil Unions › 572B-4.5 Rights held by reciprocal beneficiaries who enter into a civil union.

§572B-4.5 Rights held by reciprocal beneficiaries who enter into a civil union.
(a) If two reciprocal beneficiaries enter into a civil union with each other, the rights, benefits, protections, or responsibilities created by the reciprocal beneficiary relationship shall be continuous through the civil union and deemed to have accrued as of the first date these rights existed under the reciprocal beneficiary relationship; provided that the individuals terminated their reciprocal beneficiary relationship simultaneously with their entry into a civil union, or within the ninety days immediately preceding their entry into a civil union.
(b) Any rights, benefits, protections, or responsibilities created by the solemnization of a civil union that were not included within a reciprocal beneficiary relationship shall be recognized as of the date the civil union was solemnized.
(c) Property held in tenancy by the entirety shall be subject to section 509-3. [L 2012, c 267, pt of §3]
2023 Hawaii Revised Statutes › Title 31. Family › 572B. Civil Unions › 572B-5 Applicants for civil union; license required; limitations.

§572B-5 Applicants for civil union; license required; limitations.
(a) No persons may be joined in a civil union in this State unless both partners have:
(1) Met the requirements of section 572B-2;
(2) Complied with section 572B-6 and, if applicable, section 572B-7; and
(3) Been issued a license by an agent, which license shall bear the certification of the agent that the persons named therein have met the requirements of section 572B-2 and have complied with section 572B-6 and, if applicable, section 572B-7.
(b) The license, when certified by the agent, is sufficient authority for any person authorized to perform a civil union solemnization in this State to join the persons in a civil union; provided that the solemnization is performed not more than thirty days after the date of issuance. The license shall become void thirty days after issuance. [L 2011, c 1, pt of §2; am L 2012, c 267, §7]
2023 Hawaii Revised Statutes › Title 31. Family › 572B. Civil Unions › 572B-6 Application for license for persons who wish to enter into a civil union; fee.

§572B-6 Application for license for persons who wish to enter into a civil union; fee.
(a) No license for a civil union may be issued by an agent until both applicants have appeared before the agent and applied for the license. The application for the license shall be completed in its entirety, dated, signed, and sworn to by each applicant and shall state each applicant's full name, date of birth, birthplace, residence, social security number, whether single, widowed, or divorced, and whether the applicant is under the supervision or control of a conservator or guardian. If the application is signed and sworn to by the applicants on different dates, the earlier date shall be deemed the date of the application. The agent shall issue a copy of this chapter to any person applying for a license.
(b) The fee for a license to enter into a civil union shall be an amount equal to the amount prescribed in section 572-5, and all amounts collected pursuant to section 321-1(g) as application fees under this chapter shall be retained or remitted and apportioned in the same manner as prescribed in section 572-5. [L 2011, c 1, pt of §2; am L 2012, c 267, §8]
2023 Hawaii Revised Statutes › Title 31. Family › 572B. Civil Unions › 572B-7 Persons under control of conservator or guardian.

§572B-7 Persons under control of conservator or guardian.
(a) No civil union license may be issued to any applicant under the supervision or control of a conservator or guardian, appointed in accordance with chapter 560, unless the written consent of the conservator or guardian is signed, notarized, and filed with the agent.
(b) Any person who enters into a civil union without the consent provided for in subsection (a) shall acquire no rights by that civil union in the property of any person who was under the control or supervision of a conservator or guardian at the time the civil union was entered into. [L 2011, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 572B. Civil Unions › 572B-8 Record of solemnization; reported by whom; affidavit; evidentiary weight of certificate or affidavit.

§572B-8 Record of solemnization; reported by whom; affidavit; evidentiary weight of certificate or affidavit.
(a) Each person who solemnizes a civil union shall certify upon the civil union license certificate all the facts required to be stated in a standard certificate of civil union, the form and contents of which shall be prescribed by the department of health, and return the certificate to the department of health within three business days following the solemnization of the civil union, or as may otherwise be prescribed by the department of health.
(b) If any person who has solemnized a civil union fails to return the certificate to the department of health as required under subsection (a), the partners joined in a civil union may provide the department of health with a notarized affidavit attesting to the fact that they were joined in a civil union and stating the date and place of the solemnization of the civil union. Upon the receipt of that affidavit by the department of health, the civil union of the partners shall be deemed to be valid as of the date of the solemnization of the civil union stated in the affidavit.
(c) The certificate required by subsection (a) or an affidavit received pursuant to subsection (b) shall be prima facie evidence of the facts stated therein. [L 2011, c 1, pt of §2; am L 2012, c 267, §9]
2023 Hawaii Revised Statutes › Title 31. Family › 572B. Civil Unions › 572B-9 Benefits, protections, and responsibilities.

§572B-9 Benefits, protections, and responsibilities.
Partners to a civil union lawfully entered into pursuant to this chapter shall have all the same rights, benefits, protections, and responsibilities under law, whether derived from statutes, administrative rules, court decisions, the common law, or any other source of civil law, as are granted to those who contract, obtain a license, and are solemnized pursuant to chapter 572. [L 2011, c 1, pt of §2]
Attorney General Opinions
Civil union partners have all the same rights, benefits, protections, and responsibilities under the law as married couples who are of the opposite gender; civil union partners have the same tax filing status options as married couples who are of the opposite gender for Hawaii income tax purposes for taxable years beginning after December 31, 2011. Att. Gen. Op. 11-2.
Definitions of "marriage" and "spouse" under the federal Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419, may preclude civil union partners of the same gender under the State's Civil Union Act from filing jointly for federal income tax purposes, but they do not preclude civil union partners from filing joint tax returns for Hawaii income tax purposes. Att. Gen. Op. 11-2.