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Guam Divorce
A Guam divorce may be a quick and inexpensive alternative for couples who are in agreement to the terms of the divorce and who do not wish to spend the time or money to obtain a divorce in the area they normally reside. A Guam divorce is particularly attractive to U.S. Military and civilian personnel stationed or working overseas in countries that will not grant a U.S. recognized divorce. However, many couples in United States, where the divorce process is lengthy and expensive, and non-U.S. citizens, also take advantage of Guam divorce laws. This site is provided for information purposes only. Please read this "Legal Notice" before proceeding.
Guam divorce laws provide for either no-fault or fault divorce. The grounds for a no fault divorce are irreconcilable differences. Fault grounds include, but are not limited to, adultery, extreme cruelty and willful desertion. Normally, one of the spouses must have been a resident of Guam for at least 90 days prior to filing for divorce in Guam . However, under current Guam law, an uncontested divorce may be granted to non-residents if both husband and wife agree to all terms and if one of the parties visits Guam for at least 7 days immediately preceding the filing of the petition. An uncontested may be granted to U.S. citizens and non-U.S. Citizens.
Is a Guam Divorce Legal?
Guam is an unincorporated territory of the United States ceded to the United States by the Treaty of Paris which ended the Spanish American War in 1898. The Guam government and courts system was established by an act of the U.S. Congress. A divorce granted by a Guam court, including inclusive property and custody agreements, are recognized by the 50 United States and other jurisdictions of the United States. See U.S. Code, Title 28 §1738.
Non-Residents
Seven Day Uncontested Divorce. Under current Guam law, an uncontested divorce may be granted to non-residents (non-resident of Gum or non-resident/citizen of the United States) if both husband and wife agree to all terms and if one of the parties visits Guam for at least 7 days immediately preceding the filing of the petition. Prior to 2006, Guam courts granted uncontested divorces without either party being present on Guam . However, in January 2006, Guam law was changed to add the requirement for one party to spend the 7 day (6 nights) on Guam.
Community Property and Custody Settlement. Guam is a community property state. According to Guam divorce laws, martial property, property acquired during the marriage - community property, generally must be divided equally unless there is an agreement to the contrary. Separate property shall be retained by the owning spouse. A Marital Separation Agreement, or Property Settlement Agreement, is a written contract between the spouses which states their entitlement to the division of property, terms of alimony and custody of any children of the marriage. The settlement agreement is designed to protect the assets and rights of the parties and, if both parties are in agreement, can be completed and attached to the divorce settlement.
No Property or Custody Agreement. If the parties have not come to agreement on division of property or custody of the children, but still desire an immediate divorce, a divorce may be granted leaving contested property, custody and child support issues for another court having jurisdiction over the children and or property.
What are the Costs. Costs for a non-resident divorce range from $1,300 to $1,500, not including cost of travel to Guam, hotel and subsistence while on the Island. The Woodley Law Office offers a flat ate $1,300 for uncontested off-island divorce. However, given that Guam is a tropical Pacific Island offering sun, beaches, some of the best scuba diving in the world, and a rich cultural and historical heritage, these costs can be off-set with a little rest and recuperation.
Guam Residents
Uncontested Divorce. The Guam courts will grant an uncontested divorce if both parties are in agreement to the terms of the divorce and at least one spouse has resided on Guam for a minimum of 7 days. As a general rule, the grounds for a seven-day uncontested divorce are irreconcilable differences. An uncontested divorce for Guam residents can be obtained for as low as $850.
Contested Divorce. In the event that one party of a marriage desires a divorce and the other does not, or if both parties desire a divorce but do not agree on the terms, child custody, property settlement, etc., the divorce becomes contested. The grounds for a contested divorce may be expanded to include include adultery, extreme mental cruelty, etc. Further, at least one spouse must have been a resident of Guam for at least 90 days immediately preceding the granting of the divorce. The time and cost to obtain a contested divorce will vary considerably depending on the merits of each case: however, 90 days is a relatively relatively short requirement. Assignment to a military unit on Guam or ship ported on Guam for 90 days meets this requirement. Personnel in these categories who are contemplating a divorce might want to consider waiting until they arrive on Guam before filing.
Off-Island Spouse. A resident of Guam desiring to obtain a divorce from an off-island spouse must give the spouse timely notice in the form of a Petition for Divorce. The off-island spouse may consent to the divorce or may contest the petition by either appearing in person or by retaining a Guam attorney to appear for him/her in court. Should the off-island spouse not appear within 30 days of the petition, the court may grant the divorce in their absence. Costs will depend on whether or not the divorce, child custody or property is contested.
Child Custody and Property Settlement. If both parties reside on Guam, the court will distribute community property and debts as well as determine custody and visitation of children of the marriage who have resided on Guam within 6 months of the filing. If one party resides on Guam and the other elsewhere, the court may lack jurisdiction over property, debts and children located outside of Guam, unless both parties agree to the terms of the divorce. In the case of children who have resided outside of Guam for more than 6 months prior to filing for the divorce, custody, child support and visitation will be determined by the state of the children's current residency.
The Law Governing Guam Divorce
United States Code, Title 28, §1738
States and Territorial statutes and judicial proceedings; full faith and credit. Provides that properly authenticated judicial proceedings of U.S. Territories, such as Guam, shall be recognized in every other court within the United States. Below is the actual text of this provision.
"The Acts of the legislature of any State, Territory, or Possession of the United States , or copies thereof, shall be authenticated by affixing the seal of such State, Territory or Possession thereto.
The records and judicial proceedings of any court of any such State, Territory or Possession, or copies thereof, shall be proved or admitted in other courts within the United States and its Territories and Possessions by the attestation of the clerk and seal of the court annexed, if a seal exists, together with a certificate of a judge of the court that the said attestation is in proper form.
Such Acts, records and judicial proceedings or copies thereof, so authenticated, shall have the same full faith and credit in every court within the United States and its Territories and Possessions as they have by law or usage in the courts of such State, Territory or Possession from which they are taken."
Relevant Excerpts from the Guam Code
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.
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.”
8320. Default, When Allowed
No dissolution of marriage can be granted upon the uncorroborated statement, admission or testimony of the parties in any contested action for dissolution of marriage, but the court must require proof of the facts alleged. In the event of uncontested, consent or default divorce actions, the court may grant a divorce based upon the verified complaint of the Plaintiff or Petitioner if it appears to be in the interests of justice. Any corroboration or evidence which the court may require in default, consent, or other uncontested divorces shall be in the form of sworn affidavits.
Legal Notice
This this site is provided for information purposes only. Laws change and are subject to court interpretation. None of the information on this site should be construed as legal advice. Any persons contemplating a Guam divorce should contact a reputable attorney prior to taking any action or making any divorce plans. Neither this site nor anyone associated with this site shall be held liable for use of any of this information or decisions based on this information