Divorce in Guam:- For those who want to get a quick and easy legal divorce in a U.S. jurisdiction, getting divorced on Guam is a practical option. Some of the people who have been using Guam to get a divorce are U.S. military personnel; couples who live or work abroad; couples who reside in a political jurisdiction within the United States where the divorce process is costly, time-consuming, and burdensome; and citizens of non-U.S.A. nations who are permitted entry into Guam under U.S.A. immigration laws.
Types of divorces that occur locally
Consent, default, and contentious are the three main categories of local divorces on Guam. A consent divorce can only occur when both parties are willing to sign the necessary paperwork and agree to all terms of the divorce. The division of assets and debts, custody, child support (if any), and spousal support are just a few of the issues that the couple must come to an agreement on.
If a party does not file a defence against a divorce, a default judgement for divorce is filed against them. It is necessary for the Plaintiff to make every attempt to find the spouse and serve them with the divorce complaint and summons. The divorce complaint must be served personally to the opposing spouse if they reside on Guam.
The opposing spouse must be notified of the impending divorce if they do not reside on Guam. This can be done by mailing the Complaint for Divorce and the Summons to the last known mailing address. The Summons will be published in a Guam newspaper.
What is the Guam residency requirement for filing for divorce?
Depending on whether you and your husband agree or dispute about having a divorce, there are quite varied requirements regarding the length of time you must remain in Guam before applying for one.
In the event that you and your spouse cannot agree on terms of the divorce (a contested divorce), you or your spouse must be physically present in Guam for 90 days prior to filing for divorce. If you are a member of the armed forces and have been home-ported on Guam for at least ninety-days prior to filing, you will be deemed a “resident.” 19 G.C. § 8318(a)
To initiate a divorce petition Either you or your spouse must have lived in Guam for seven days prior to filing for divorce if you and your spouse agree in writing. 2 19 G.C. § 8318(b)
What reasons exist in Guam for divorce?
Legally recognised grounds are justifications for divorce. Both fault-based and no-fault divorces are legal in Guam.
When you apply for divorce without blaming your spouse for the breakup due to “irreconcilable differences,” which denotes that there are compelling reasons the marriage shouldn’t last, you are filing for a no-fault divorce.
When you file for divorce and blame your spouse for the breakdown of your marriage, this is known as a fault-based divorce. Note that some of these reasons are exclusive to spouses and/or husbands. In Guam, you may seek for a fault-based divorce if:
Your spouse illegally caused you great physical or mental anguish (extreme cruelty); your spouse voluntarily had sex with someone outside of the marriage (adultery);
For a minimum of a year, your spouse neglects to meet your basic necessities despite his capacity to do so; alternatively, it could be due to indolence (idleness), wastefulness (dissipation), or avarice (profligacy). The way the legislation is written, it seems that wives are exempt from this situation—only husbands who fail to provide;
your partner has consumed alcohol so frequently for at least a year that it is causing you severe mental anguish or makes them incapable of handling everyday tasks;
Is alimony available? (Divorce in Guam)
Alimony is money given to or by your husband as a form of support. During a divorce lawsuit, a judge may award temporary alimony, and following a final divorce judgement, permanent alimony.
under a “permanent maintenance and support action,” a judge may also grant either temporary or permanent alimony (even if neither you nor your spouse have filed for divorce) under the following circumstances:
A husband “willfully fails” to provide for his wife; one spouse “deserts” the other; or there are any fault-based grounds for divorce, even in the absence of an active divorce lawsuit.