GETTING STARTED WITH 
A CONTESTED DIVORCE

Divorce can be a painful process, but having a skilled attorney can ease the stress and simplify the  divorce procedure for you. We can handle any type of divorce situation. We will readily assist you with either a fast and amicable no-fault or uncontested divorce.  However, when appropriate, we can also provide aggressive representation in hotly contested matters.  If child custody, child support, equitable distribution, alimony or spousal support are at issue, then having the right lawyer is even more important to protect your rights. The choices you make now may well affect your relationship with your children and determine your financial future. You need experienced attorneys to guide you through this complicated process and fight for your rights.

If you or your spouse live in Guam or claim residency here, and you are considering fling for divorce,  or divorce papers have been served on you, we can help.

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, or if your spouse is unlikely to respond,  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 when we learn about your situation. 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.

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