Complaint for Annulment — Undivorced Spouse — Hawaii
COMPLAINT FOR ANNULMENT — UNDIVORCED SPOUSE
Before filing: Use this complaint only if one party had an undivorced spouse living when the later marriage occurred. This form requests a decree of nullity under HRS §§ 580-21(3) and 580-23. It requests no child, property, or support orders. Check the assigned family court's filing and service instructions.
| Court | Case |
|---|---|
| In the Family Court of the [FIRST / SECOND / THIRD / FIFTH] Circuit, State of Hawaii | Case No. [________________] |
| [PLAINTIFF FULL NAME], Plaintiff | Complaint for Annulment |
| v. | |
| [DEFENDANT FULL NAME], Defendant |
Plaintiff states:
Parties, marriage, and court
- Plaintiff is [FULL NAME] and resides at [ADDRESS]. Defendant is [FULL NAME] and resides at [ADDRESS OR LAST KNOWN ADDRESS]. This Court is the proper court because [STATE FACTS SUPPORTING THIS CIRCUIT'S AUTHORITY AND VENUE].
- Plaintiff is ☐ a party to the later marriage ☐ the former spouse of [NAME]. If Plaintiff is a party to the later marriage, both parties to it are living: [STATE FACTS]. If Plaintiff is the former spouse, Plaintiff's marriage to [NAME] is described in paragraph 4.
- [PARTY A] and [PARTY B] entered into the marriage for which nullity is requested on [DATE] in [PLACE]. The marriage record is [IDENTIFY RECORD OR EXHIBIT].
Undivorced spouse living at the time of marriage
- When the marriage described in paragraph 3 occurred, [IDENTIFY PARTY] was already married to [FORMER SPOUSE'S NAME]. That earlier marriage took place on [DATE] in [PLACE], as shown by [IDENTIFY RECORD OR EXHIBIT].
- The former spouse was living on [DATE OF LATER MARRIAGE]. The earlier marriage had not been dissolved by divorce or ended by death before that date. The specific facts and records establishing this are [DESCRIBE, INCLUDING DATES].
- These facts existed at the time of the later marriage and satisfy the ground in HRS § 580-21(3). Plaintiff asks the Court to declare the later marriage null under HRS § 580-23.
Relief requested
Plaintiff asks the Court to:
- Determine, on the evidence, that one party had an undivorced spouse living when the later marriage occurred.
- Enter a decree declaring the later marriage null under HRS §§ 580-21(3) and 580-23.
- Grant only other relief supported by pleaded facts and applicable law: [DESCRIBE BASIS OR STATE NONE].
Respectfully submitted,
Signature: ___________________________________ Date: [__/__/____]
Printed name: [________________________________]
Address for court notices: [________________________________]
Telephone: [________________________________] Email: [________________________________]
Attorney and bar number, if represented: [________________________________]
Sources and references
About this template
- Last updated
- October 16, 2026
- Citations checked
- October 16, 2026
- Jurisdiction
- Hawaii
- Category
- Family Law
Legal authority
- HRS § 580-21(3) (undivorced spouse living at the time of marriage)
- HRS § 580-23 (application to declare the marriage null)
Family law covers the paperwork that shapes divorce, custody, child support, adoption, guardianship, and other family matters. These filings are emotional and high-stakes, and they also have to meet strict procedural rules for service, financial disclosure, and parenting plans. Clean, accurate paperwork keeps the focus on getting a workable outcome for the family instead of getting derailed by technical problems that delay hearings or force amended filings.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 16, 2026.
HRS § 580-21(3) (checked October 16, 2026): "The family court, by a decree of nullity, may declare void the marriage contract for any of the following causes, existing at the time of the marriage: (3) That one of the parties had an undivorced spouse living;"
HRS § 580-23 (checked October 16, 2026): "A marriage may be declared null on the ground that one of the parties has an undivorced spouse living, on the application of either of the parties during the lifetime of the other, or on the application of the former spouse."
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