GENERAL INFORMATION
1. The Marine Corps Base Hawaii Legal Assistance Office offers Divorce Mediation to couples qualified to receive legal assistance.
2. Divorce Mediation is an efficient and effective way for a couple to avoid an expensive contested divorce in the State of Hawaii. Couples who choose to participate in Divorce Mediation will sit down with an attorney who has been trained in mediation and will act as the mediator. During the mediation, the parties will with the assistance of the mediator, jointly set the terms of their own Divorce Decree.
3. Receiving Divorce Mediation services from the Marine Corps Base Hawaii (MCBH) Legal Assistance Office does NOT create an attorney-client relationship between the mediating parties and the mediator(s).
4. Instead of and prior to Divorce Mediation, one spouse is entitled to receive legal assistance from the MCBH Legal Assistance Office in the form of a confidential attorney consultation. However, this would disqualify the couple from later receiving Divorce Mediation services. The MCBH Legal Assistance Office cannot represent one spouse in an uncontested divorce and simultaneously provide Divorce Mediation services to the couple. This would create a conflict of interest. Your choice to participate in Divorce Mediation services prevents any attorney in the Legal Assistance Office from representing you in any future matter.
5. To the extent that a spouse may individually need an attorney’s services, any other Department of Defense Legal Assistance Office is available.
DIVORCE MEDIATION PROCESS AND REQUIREMENTS
Both the husband and wife must agree to participate in Divorce Mediation.
The husband or wife must file for an Uncontested Divorce in the State of Hawaii.
Once the petition is filed, the couple may call the legal assistance office to schedule an appointment for Divorce Mediation. Appointments are available Tuesday, Wednesday, and Thursday afternoons and Wednesday mornings.
The husband and wife must arrive at the MCBH Legal Assistance Office 30 minutes before their appointment. Both parties MUST bring information about all of their assets or debts, to include:
- Current leave and earnings statement or paycheck,
- Statements for all bank accounts, to include the account number and balance.
- Your most recent statements for all credit cards,
- Documentation for any other debt (mortgages, car payments, etc…)
- A Kelly Blue Book print-out showing the value of all of your vehicles
Mediation will begin at the scheduled time and may take between two to four hours.
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THE PROCESS FOLLOWING DIVORCE MEDIATION
1. The MCBH Legal Assistance Office (LAO) will draft the agreement you reached into a “DIVORCE DECREE.”
2. The LAO will contact you when the DIVORCE DECREE is complete. This typically takes 2-3 weeks.
3. Both parties must return to the LAO to pick up the DIVORCE DECREE, confirm that it reflects your agreement, and sign it.
4. It is highly advised that each party seek independent counsel to review the DIVORCE DECREE, so they can advise you regarding the decisions that YOU have reached. We can provide you a list of Oahu Department of Defense Legal Assistance Offices.
5. One or both of the parties must go to the Hawaii Family Court and file the DIVORCE DECREE along with the appropriate documents.
6. After the court accepts your documents, your case will wait in line until it goes in front of a Judge. You do not have to be there for the hearing.
7. During this waiting period you may not remarry and any interim spousal support agreed to during mediation will be paid to the appropriate spouse. Furthermore, the service member is still liable for adultery.
8. After the Judge grants the divorce AND the DIVORCE DECREE has been filed, you are officially divorced.