CONTESTED DIVORCE JURISDICTION

For all questions about Guam Divorces, custody or support, ask for attorney Ron Moroni. 1-866-472-1540.

Contested Divorces. A contested divorce is where the parties are not in agreement as to how custody or support should be set, or how the property should be divided. Where one of the parties meets the requirements listed below, the Guam court can  take jurisdiction over the divorce, even though neither party to the marriage is a resident of Guam and one party objects. The court may even grant a divorce based on the other spouse's default. This method can be used when a party has lost track of  or cannot contact their spouse.

I.  YOU BOTH AGREE YOU WANT A DIVORCE, BUT THERE ARE STILL ISSUES THAT YOU WANT A COURT TO DECIDE.

     If you both want a divorce, but are unable to agree on how the property should be divided, who should have custody of the children, or how much much support should be paid, you can mutually agree to submit the case to the Guam court, and allow the court to decide these issues. If you have no prior connection with Guam, then  one of the parties will need to come to Guam for seven days, before the divorce is filed. This is a good choice for American living or stationed in Asia, who cannot meet the residency of any other US jurisdiction.

II. YOUR SPOUSE WON'T WORK WITH YOU AT ALL, OR VOLUNTARILY SIGN ANY DIVORCE PAPERS, OR YOU DON'T KNOW WHERE YOUR SPOUSE IS.

In these case you will need a more substantial connection with Guam, before you will be able to file here. However, if you fall under any of the following, you can obtain a divorce through Guam even though your spouse does not agree.

     1.   Military Divorce. Guam statutes contain special provisions for U.S. Military personnel stationed overseas. Under Guam law, the court may grant a divorce where one of the parties:

1.  has been assigned with the U.S. Military to a unit on Guam for at least 90 days, or

2.  has been assigned to a ship home-ported in Guam for at least 90 days.

(19 GCA 8318) Under these provisions, it is not necessary that the person  actually be in Guam for 90 consecutive days, but only that they be assigned to a unit or ship based in Guam for that amount of time.  There is no requirement  that Guam become the "actual" residence of person seeking the divorce, and the person may maintain their stateside or overseas residence.

Arguably, the person does not need to have ever been on Guam, so long as the ship or unit they are assigned to is based in Guam. For example, the person seeking the divorce could be assigned to a Guam based submarine for 90 days, even though the ship was never in Guam during that period.

I have handled a number of cases where a soldier or sailor in Japan or Korea, obtained a special assignment to a Guam unit for 90 days, specifically so that they would be eligible to file for a divorce here. As indicated above, it was not necessary  that the person actually spend that 90 days in Guam.

     2.   Physical presence in Guam for 90 days. Another provisions allows the court to grant a divorce if either of the parties was physically present in Guam for ninety days. Under this provision, neither party to the marriage needs to be in the Military or actually intend to make Guam their residence.  However, you would need to be in Guam for 90  days. The law does not require that it be 90 consecutive days. 

     3.   Establishing Residency in Guam. Finally, it is possible to obtain a contested  divorce by establishing residency in Guam. Americans living overseas often maintain a U.S. residence. For Americans primarily living in Asia, establishing a second residence in Guam may be helpful for other purposes beyond the divorce. Establishing residency would require at least a brief stay in Guam, with an actual intent to make this one of your homes. This could be established by making a connection with the community through obtaining a mailing address, obtaining a driver's license, registering to vote, opening a bank account, etc. A person who actually establishes a residence in Guam, does not need to stay in Guam for 90 consecutive days in order to file for divorce, but could leave the island during the 90 day period. However, it would require an actual good faith desire to make Guam your residence.

Guam Divorce Jurisdiction Statute

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.”

SOURCE: CC §129, R/R by P.L. 17-81:27. Repealed/reenacted by P.L. 19-34:28 (effective date 12/19/88), and amended by P.L. 28-93.

§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. 

Full Faith and Credit.

Guam was ceded to the United States as a territory in accordance with the provisions of the Treaty of Peace with Spain , signed at Paris , December 10, 1898 , and proclaimed April 11, 1899 . 48 U.S.C.A. § 1421.

28 U.S.C.A. § 1738 states:

"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. June 25, 1948 , c. 646, 62 Stat. 947."

Extending full faith and credit to include court judgments of territories and possessions of the United States , through 28 U.S.C.A. § 1738, is constitutional. Americana of Puerto Rico, Inc. v. Kaplus, 368 F.2d 431 (3d Cir.1966). It is the basic goal of full faith and credit to coordinate the administration of justice throughout the nation. "[T]o achieve this goal Congress enacted Section 1738 and by use of the words 'State, Territory or Possession' Congress intended to unify all of the courts in our system of government." Americana at 438. See Feore v. Feore, 627 So.2d 411 (Ala. Civ. App.,1993). 

There is therefore little question that a properly obtained divorce judgment of a Guam court, stands on equal footing with a judgment rendered by any State court, and must be given full faith and credit by other courts of the United States.

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