§572-6 Application; license; limitations.

520 words·~2 min read·/hi/chapter-572/572-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)To secure a license to marry, the persons applying for the license shall appear:

(1)In-person or by synchronous online access before an employee of the department of health authorized to issue licenses; or

(2)In-person before an agent authorized to grant marriage licenses and shall file with the agent an application in writing, or remotely by synchronous online access before an agent and as authorized by the department of health in rules adopted pursuant to chapter 91.

The application shall be accompanied by a statement signed and sworn to by each of the persons, setting forth: each person's full name, date of birth, social security number, and residence; their relationship, if any; the full names of each person's parent; 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 that 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; am L 2024, c 72, §1]

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.