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For all questions about Guam Divorces, custody or support, ask for attorney Ron Moroni. 1-866-472-1540. Frequently
Asked
Questions
(FAQ's) 1. Short Residency Divorces (SRD) FAQs 2. General questions re Divorce
Non
Resident Divorces Frequently Asked Do I need to be a resident of Guam to get a divorce? What if one or both of us are not U.S. citizens? How can I obtain a "consent to jurisdiction" form? What are the grounds for a Guam divorce? May I have property issues and child custody and support decided? What kind of payment do you accept? Where can I find a U.S. Notary? Will U.S. Embassies Notarize Documents for Non-U.S. Citizens. Will my Divorce be recognized by U.S. States? What if my spouse will not consent to the divorce?
Do I need to be a resident of Guam to get a divorce? Recent changes to Guam law allow an uncontested divorce where one of the parties "resides" in Guam for seven days before the filing of the divorce complaint. The legislative history, including the floor debate on this provision, make it clear, that the residency requirement can be met by a seven day stay in Guam. The purpose of this requirement was to promote tourism by requiring at least one party to an uncontested divorce to come to Guam. . What if one or both of us are not U.S. Citizens? There is no requirement under Guam law that either party be a U.S. Citizen. How can I obtain a "consent to jurisdiction" form. In most instances, the consent form is customized to match the divorce petition. However, many people have asked if it is possible to obtain a consent form that their spouse could either review or sign before the petition is prepared. This question is usually asked by a person who wants a divorce but is not sure whether their spouse will consent. It also comes up where the consenting spouse wants the document reviewed by an attorney before agreeing to a Guam divorce. If you would like a sample consent for, please contact our office.
What are the grounds for a Guam divorce?
May I have property issues and child custody and support decided? Yes. It is possible for a couple to address such matters in a settlement agreement, and have that agreement approved by the court. Often times we will prepare a comprehensive marital settlement agreement for no extra charge. If the issues are complicated there may be additional fees of between $100.00 and $400.00. Unless the marriage was of very short duration with no children, or the parties have been separated for a very long time, it is advisable to have an agreement. Otherwise, you may find yourself in some court fighting over property or custody matters long after you thought your divorce was finished. What if my spouse and I both want a divorce right away, but we cannot come to an agreement about dividing up our property? The court, at the request of the parties, may grant a divorce decree that ends the marriage, but does not address the property issues. This approach allows the parties to remarry, if they so desire, and to work out the property issues at a later time, and perhaps, in a different court. The effect of ending the marriage without a property settlement will usually be determined by the laws of the place where the property is located or the couple resides. The total cost for a SRD is $1200.00 or two equal payments of $600.00. We will often include a comprehensive marital settlement agreement at no extra costs. There may be some additional charges, if you would like documents sent out by Fed Ex or other courier service. We can also help arrange economical hotel-car packages for your stay. Guam offers every level of Hotel Accommodations. We can arrange a hotel-car package for as low as $700 for your seven day stay. Five star accommodations are also available if you wish to take full advantage of Guam many tourist offerings. What kind of payment do you accept? Payment may be made by credit card (Visa, MasterCard, American Express), wire transfer, Western Union, money order, mone-gram or certified check. For more on the costs and how payment may be made, click here. Where can I find a U.S. Notary? The party coming to Guam can have their documents notarized in our office. The
party not coming to Guam will need to have their documents notarized elsewhere. Within the
Will U.S. Embassies Notarize Documents for Non-U.S. Citizens? Yes. 22 C.F.R. 92.4(b) provides that these services may be performed for any person regardless of nationality so long as the document in connection with which the notarial/authentication service is required is for use within the jurisdiction of the United States
The whole process can be completed in abut two weeks, including the seven day stay in Guam. Will my divorce be recognized by U.S. States? Guam is an American Jurisdiction. By Act of Congress, (28 U.S.C.A. § 1738) judicial proceedings of the courts of Guam must be given full faith and credit by other U.S. States. This means that Guam court decisions stand on an equal footing with those of State Courts. So long as the decision is valid under Guam law, it must be accepted by other States. Further, Guam Short Residency Divorces require the consent of both parties. Normally, no state court will allow a party to challenge a divorce issued by another court, where the party consented to the divorce.
What if my spouse will not consent to the divorce or I cannot contact her. Guam laws state that you may still obtain a Divorce through the Guam courts if you or your spouse have a connection with Guam. To see the types of connections that are acceptable for Guam to take jurisdiction of a contested divorce, click here.
General Questions Regarding Divorce and Family Law. Do I need to live or reside in Guam in order to obtain a divorce here?What if I am in the military and stationed in Guam.Can I get a divorce if my spouse does not agree to it?My spouse filed for divorce. What happens if I don't sign the papers?Are there other grounds for divorce?When should someone file for divorce on grounds other than irreconcilable differences?What is community property? What is separate property?How does the court decide how to divide the property?What about retirement income?Can the divorce court divide the parties' debts?What is a Marital Separation or Settlement Agreement?Why is a Marital separation agreement important?What is the difference between a contested or uncontested divorce?Do the courts review the fairness of a Marital Property Settlement Agreement?How does a court decide who should have custody of minor children.How do I get started?
Do I need to live or reside in Guam in order to obtain a divorce here?If the Divorce is contested, then one of the parties must have resided in Guam for at least 90 days before the filing of the complaint for dissolution (divorce). However, if both parties consent in writing to the jurisdiction of the court, the court may grant a dissolution if one of the parties resides in Guam for 7 days immediately before filing. All consents 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 if signed outside of the United States, have a notarized acknowledgement or verification by a foreign notary which is authenticated by a United States consular officer. If your spouse will not consent, Guam laws state that you may still obtain a Divorce through the Guam courts if you or your spouse have a connection with Guam. To see the types of connections that are acceptable for Guam to take jurisdiction of a contested divorce, click here. What if I am in the military and stationed in Guam.A person is deemed a resident if one 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 of the parties is physically present in Guam for a least ninety (90) days immediately preceding the filing of a complaint for divorce or dissolution of marriage Can I get a divorce if my spouse does not agree to it?Yes. The Guam Code provides for a divorce on the grounds of Irreconcilable Differences. Irreconcilable differences are those grounds which are determined by the Court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved. Generally, if one party is dissatisfied with the marriage, there are irreconcilable differences. My spouse filed for divorce. What happens if I don't sign the papers?By not signing the paperwork you may be able to delay the process for a while, but ultimately, the judge will sign the papers and your spouse will be granted the divorce by default. Are there other grounds for divorce?Beside irreconcilable differences, , the other grounds for divorce under the Guam Code (a) Adultery. (b) Extreme cruelty. (c) Willful desertion. (d) Willful neglect. (e) Habitual intemperance. (f) Conviction of Felony. (g) irreconcilable differences. When should someone file for divorce on grounds other than irreconcilable differences?The Guam Code suggests that a judge may have authority to award a more generous property settlement to a party whose spouse is guilty of adultery or extreme cruelty. What is community property? What is separate property?A spouse's separate property consists of the property owned or claimed by the party before marriage, acquired by the spouse during marriage by gift, devise, or descent, and some recoveries for personal injuries. Community property is simply property acquired by either party during the marriage, except separate property. The income from separate property is community property, for instance the dividends on separate common stocks. Property owned by a married person is presumed to be community property until it is established as separate property. Assets acquired before marriage are sole and separate, but you must not co-mingle your sole and separate assets with your spouse's assets, or you run the risk of those assets being characterized as community property. In particular, if you have put your spouse's name on your residence, purchased with your sole and separate funds, this may cause the residence to be characterized as a community asset, even if you purchased it with your sole and separate property. How does the court decide how to divide the property?The Guam Code provide: "If the decree be rendered on any other ground than that of adultery or extreme cruelty, the community property shall be equally divided between the parties." This is often easier said than done. The property aspects of some divorces are complicated, and must be studied on a case by case basis. Generally, the law requires that the community estate be divided equally if there is no written agreement to the contrary. This means that from the total fair market value of the community assets, the joint obligations of the parties are subtracted, yielding the net community estate. Unless agreed otherwise, each spouse must receive ˝ of the net community estate. What about retirement income?Generally, retirement earned during marriage is community property. Any portion of the retirement earned before marriage is the separate property of the person who earned the benefit. There are many kinds of retirement or deferred compensation plans. They work differently in each case must be carefully studied. Can the divorce court divide the parties' debts?Yes and no. The court may, and often does, as part of the property division, order one party or the other to pay specific debts. If the husband is ordered to pay a debt, and doesn't, and the wife has to pay, she can sue the ex-husband and obtain a judgment against him for what she had to pay. However,
normally
the
court's
order
will
not
effect
the
rights
of
the
creditor.
If
the
debt
was a
joint
debt
during
the
marriage,
a
creditor
may
continue
to
hold
both
parties
liable
for
the
debt,
and
collect
from
either.
The
creditor
was
not a
party
to
the
divorce,
and
is
not
bound
by
the
divorce
decree. What is a Marital Separation or Settlement Agreement?A
marital
separation
agreement,
also
known
as a
property
settlement
agreement,
is a
written
contract
dividing
your
property,
spelling
out
your
rights,
and
settling
problems
such
as
alimony
and
custody.
A
marital
separation
agreement
may
be
drawn
before
or
after
you
have
filed
for
divorce
—
even
while
you
and
your
spouse
are
still
living
together. Why is a Marital separation agreement important?If
you
have
no
marital
property,
no
joint
debts,
and
no
children,
you
probably
don't
need
a
marital
separation
agreement
to
get a
no-fault
divorce.
However,
if
you
want
to
provide
for
the
future
governance
of
your
relationship,
as
well
as
provide
additional
evidence
to
the
court
about
the
day
that
you
separated,
you
should
have
a
Marital
Separation
Agreement.
An
agreement
leaves
no
doubt
about
the
details
of
the
ending
of
your
marriage
relationship.
It is
better
to
have
a
clearly
written
agreement,
rather
than
rely
on
verbal
understandings. What is the difference between a contested or uncontested divorce?Divorces
are
either
contested
or
uncontested.
Contested
divorces
are
those
in
which
the
respondent
disputes
any
issue
in
the
case
- the
divorce
itself,
the
property
division,
child
custody,
alimony,
etc.
Uncontested
divorces
fall
into
two
categories
- (1)
Consent
Divorces
- the
parties
agree
on
all
major
issues;
and
(2)
Default
causes
-
where
the
respondent
fails
to
appear
to
contest
the
divorce
or
any
issue
in
it,
either
because
he or
she
chooses
not
to
oppose
it,
or
because
he or
she
cannot
be
located.
By
entering
into
a
Marital
Separation
Agreement
you
make
your
divorce
an
uncontested
divorce. Do the courts review the fairness of a Marital Property Settlement Agreement?In an uncontested divorce, the court nearly always approves the agreement of the parties if it is generally fair and the court is convinced that the agreement was entered into by both spouses without fraud or coercion. In negotiating your agreement, you should be guided by how a court is likely to divide your property, award custody and child support, and deal with other issues. How does a court decide who should have custody of minor children?By statute the court is required to consider the best interest of the child in awarding custody. Where a child is of sufficient age and capacity to reason, so as to form an intelligent preference, the child's wishes as to custody will be considered. Further, it is legislative policy that children spend as much time with each of their parents as possible, when the parents are not living together. Therefore, in determining visitation of minor children on Guam with non-custodial parents living on Guam, the court must, to the greatest degree possible, order visitation for minor children with non-custodial parents such that the children spend more or less equal amounts of time with the custodial parent and the non-custodial parent during non-working, non-sleeping, non-school time, subject to the following: (1) The proposed visitation is not found by the court to be injurious to the welfare of the child; (2) The non-custodial parent is willing to accept such visitation; (3) The non-custodial parent is not found by the Court to be an unfit person to have such visitation; (4) The visitation is not found by the Court to interfere with the child's schooling; Unless the Court finds that it is not in the best interests of the child, non-custodial parents or the children's grandparents must be given consideration in providing childcare for their minor children or grandchildren, when visitation orders are prepared; In determining visitation rights, the court must also take into account the employment of each parent and the time the child spends in school or in extracurricular activities. How do I get started?The first step is to contact our office at 671-477-7061 or 7062. From the U.S. Mainland call toll free 1-866-472-1540. You will be asked questions about your marriage, property and children. First we will help you determine whether you may obtain an uncontested divorce, or whether we will need to prepare a petition for divorce and serve it on your spouse. Based on the information, we will advise you regarding the likely cost of the divorce. If it will be an uncontested divorce, we will likely charge a flat fee. The cost will depend on whether there are issues of child custody, support or property, that need to be addressed in a settlement agreement. We represent clients in contested cases on an hourly fee basis. We require an advance fee (which may be nonrefundable in whole or in part) and you will receive regular billings throughout the case, showing the status of your account. Your final bill cannot be predicted exactly, because it depends in part upon how your spouse, and your spouse's attorney, handle the defense of the case. However, we can give you a reasonable estimate. Every effort will be made to conserve attorney's fees and costs on your behalf. At the start of representation, a decision will be made as to whether to seek temporary orders in your case, which are also sometimes called pendente lite orders. If you need temporary spousal maintenance, temporary child support, temporary possession of your residence, or temporary use of community funds, it may be necessary to seek these orders. Generally, it will also add attorney's fees to your case and, therefore, if these issues can be worked out without formal proceedings, it may be in your best interests. We will discuss with you, at an appropriate time, whether seeking temporary order(s) is in your best interests. If you have children, child support should be paid from the date of the filing of the petition. We can obtain a temporary child support order for you through temporary orders, or the judge can order retroactively, from the date of the petition, at the final hearing. Child support, in Guam, is determined according to written guidelines, and we will need information about your income and the income of your spouse to assist us in the calculation of appropriate child support. Guam is a community property state. Assets acquired during marriage, with either your earnings, or your spouse's earnings, are community assets. Assets acquired before marriage are sole and separate, but you must not co-mingle your sole and separate assets with your spouse's assets, or you run the risk of those assets being characterized as community property. In particular, if you have put your spouse's name on your residence, purchased with your sole and separate funds, this may cause the residence to be characterized as a community asset, even if you purchased it with your sole and separate property. The court has a mediation center, which attempts to assist divorcing spouses in resolving their divorce case out of court, through informal negotiations. The mediation center does not force you to settle your case, but attempts to assist you, through negotiations, in resolving your case informally. In appropriate cases, we encourage clients to use this mediation. In other cases, only an assertive stance in court will ensure justice. Please feel free to contact us toll free at 1-671-477-7061 or 7062 or by e-mail. Military
Divorce
FAQs
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Most
divorces on Guam are granted on the grounds of “irreconcilable
differences." As a practical matter, this is a “no fault” divorce. The
court will grant a divorce, whenever either party feels that the marriage should
end.
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3. Do I need a passport to come to Guam?
No. Guam is part of the United States, and US citizens do not need a passport to enter Guam.
If you travel from the U.S. mainland, directly to Guam, you do not need a passport. Continental has flights that reach Guam via Hawaii. If you come from or go through a foreign country, such as Japan, to reach Guam, you will need a passport.
4. What kind of Hotels are in Guam?
Guam is home to every type of Hotel. You can make your stay as economical or as luxurious as you want. Budget hotels can be found for as cheap as $35 per night. There is no upper limit.
Tumon Bay Beach Front Hotels
The following hotels are located directly on the beach on Guam's Tumon Bay. These are international class hotels with all the amenities, including water parks, five-star restaurants, and first class service. Prices vary greatly depending on the level of accommodations you seek, and the season of the year.
Tumon Bay Tourist District Hotels
The following hotels are located in Guam's tourist district, within a few minutes walk of the beach. Great choices if you want to make your stay a vacation, and enjoy Guam's night-life. Prices vary here also, but expect to pay $100 to $150 per night.
Agana Bay Tourist District Hotels
On a beach on a beautiful bay, but one or two miles outside the main tourist district.
Economy Hotels
The following hotels are outside of the main tourist district, but provide clean comfortable accommodations at an affordable rate.
In a Class by Itself
The following hotels are outside of the main tourist district, but provide clean comfortable accommodations at an affordable rate.
5. What am I going to do in Guam for Seven Days?
"Guam offers an amazing variety of leisure activities as well as historical and cultural attractions. In addition to its beaches, duty free shopping, and varied nightlife, Guam boasts seven world-class golf courses, some of the best scuba diving and snorkeling in the world, underwater parks and submarine tours, sunset dinner cruises, jet skiing, wind surfing, kayaking, parasailing, sky diving, and deep-sea fishing." www.guam-online.com .
Here are some other links that will help you plan your free time in Guam.
GUARANTEE. In an uncontested divorce, if you fully follow our instructions, and we cannot obtain a divorce for you, we will refund the money you have paid.