YOUR GUAM LAWYER

YOUR GUAM LAWYER
Suite 301 San Ramon Building
115 San Ramon Street
Hagatna, Guam 96910
ph: (671) 475-0200
fax: (671) 475-0203
alt: (671) 727-2448
fgumataotao@yahoo.com

DIVORCE

Marriage is an important institution that serves as a foundation for the fabric of our society. It promotes maturity, wealth and values that include family and children. At some point, marriage is a critical element of our lives and its success is a celebration of both the partners and their offspring. Unfortunately, contemporary western mores are such that divorce or dissolution of marriage has become an ordinary occurence. People need to know their options, rights and duties when faced with the specter of divorce or separation. We understand what is at stake and recognize the emotional turmoil that accompanies the issues. Each practitioner has experienced divorce first hand so we work with clients in a compassionate manner that emphasizes the achievement of parity within the greater goal of healing.

Guam law provides for consent divorces for parties who do not reside on Guam so long as one party actually comes to Guam for seven days preceding the filing of the divorce.

19 GCA §8318. Residence of Parties.

(a) A divorce or dissolution of marriage may be granted if one (1) of the parties has been a resident of Guam for at least ninety (90) days immediately preceding the filing of a complaint for divorce, or dissolution of marriage. For purposes of this Section, a person shall be deemed a resident if one (1) of the parties has been assigned with the U.S. Military to a unit on Guam or a ship home-ported in Guam for at least ninety (90) days immediately preceding the filing of a complaint for divorce or dissolution of marriage or if one (1) of the parties is physically present in Guam for at least ninety (90) days immediately preceding the filing of a complaint for divorce or dissolution of marriage. Physical presence by one of the parties in Guam for a period of ninety (90) days prior to filing of the action for divorce or dissolution of marriage shall give rise to a conclusive presumption of compliance with this Section.

(b) If both parties consent in writing to a divorce or dissolution of their marriage, a divorce or dissolution may be granted if one of the parties has resided in Guam for at least seven (7) days immediately preceding the filing of the complaint.

SOURCE: CC §128, amended by P.L. 13-165:3, as R/R by P.L. 17-81:26. Repealed/reenacted by P.L. 19-34:28; and amended by P.L. 27-129, and P.L. 28-93

19 GCA §8319. Residence, no presumption of jurisdiction.

(a) In actions for dissolution of marriage, neither the domicile nor residence of the husband shall be deemed to be the domicile or residence of the wife.

For the purposes of such an action, each may have a separate domicile or residence depending upon proof of the fact and not upon legal presumptions. Physical presence in Guam for ninety (90) days next preceding the commencement of the action shall give rise to a conclusive presumption of residence in Guam as required by §8318 of this Chapter. Allegations and proof of residence or other compliance with the requirements of §8318 of this Chapter shall be pled or proved in any divorce or dissolution of marriage granted upon the consent of the Defendant, and the court shall make findings as to residency of any party to a divorce or dissolution of marriage or as to compliance with the requirements of §8318 of this Chapter in any divorce or dissolution of marriage granted upon the consent of the Defendant. Residency must be pled and proved in all divorces or other actions for dissolutions of marriage. Only the parties (i.e., the husband or wife) or the court can raise the issue of or object to the jurisdiction of the Superior Court of Guam in an action for divorce or dissolution of marriage, residence of the parties, or other compliance with §8318 of this Chapter in any case even where the defendant has consented to the divorce or dissolution of marriage. The Superior Court of Guam is not presumed to have jurisdiction over any action for divorce or dissolution of marriage which may be filed in the Superior Court of Guam because the defendant consents.

(b) All consents to a divorce or dissolution of marriage must be acknowledged or verified before a notary public or other officer authorized to administer oaths within the United States if signed in the United States, acknowledged or verified before a consular officer of the United States or other United States official authorized to take oaths if signed outside the United States, or have a notarized acknowledgement or verification by a foreign notary which is authenticated by a United States consular officer.”

Guam law permits consent divorces for non-residents so long as one of the parties comes to Guam for a minimum stay of seven days.

If you are contemplating divorce, consider the following issues:

What are the reasons for seeking divorce?

How do we want to address custody of the minor children?

How do we handle the financial needs of the minor children?

What mechanism can we employ to assure equal access to the children?

What about the educational needs of the children?

How do we allocate community debt and asset?

What is community and what is separate?

Will the wife return to her maiden name?

What documents do we need to sign?

Should we enter into a marital settlement agreement?

Is our prenuptial agreement valid and binding?

CALL US - WE CAN HELP.

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YOUR GUAM LAWYER
Suite 301 San Ramon Building
115 San Ramon Street
Hagatna, Guam 96910
ph: (671) 475-0200
fax: (671) 475-0203
alt: (671) 727-2448
fgumataotao@yahoo.com