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A declaration of nullity of marriage applies to marriages which are void. Void Marriages are considered as having never been taken place, they are void from the very beginning. On the other hand, Annulment applies to a marriage that is valid until otherwise declared by the court annulled.
In a Declaration of Nullity of Marriage, the marriage that is sought to be declared void ab initio or void from the beginning. Whereas in an Annulment, the marriage is considered voidable, or the marriage is valid but is susceptible of being voided pursuant to the grounds provided under the law.
There are two types of marriages that can be annulled: void and voidable. A void marriage is one that is illegal from its inception and cannot be rectified. A voidable marriage, however, is one that is invalid at the moment of marriage but that can later be made valid through the consent or inaction of the parties.
Interested parties can go directly to a court to request a Hawaii court record file. Alternatively, for most cases filed after October 2019 or for family law court matters filed after April 2022, they can use the Hawaii State Judiciary's ?eCourt Kokua? search system.
Overview of Annulment In the eyes of the law, an annulled marriage never really existed. If you pursue an annulment in Hawaii and win, you'll receive something called a "decree of nullity." This is a final court order that means that your marriage was void. It's very rare to obtain an annulment in Hawaii.
Marriage Annulment: Unlike divorce, which dissolves a valid marriage, an annulment declares a marriage null and void, as if it never existed. Annulments are granted in cases where the marriage is deemed legally invalid due to fraud, bigamy, or other reasons specified by the law.
An action to declare the nullity of a void marriage upon the ground that the former husband or wife of one of the parties was living, the former marriage being in force, may be maintained by either of the parties during the life-time of the other, or by the former husband or wife.
If your spouse is married to another person, you can get an annulment at any time. If you find out your spouse is underage, you can get an annulment only until the spouse reaches the legal age. If you want to annul the marriage due to mental illness, you can do so as long as the mental illness continues.