A Guam divorce offers a quick and inexpensive alternative for U.S. and non-U.S. citizens, including U.S. Military, Merchant Marine or others working or living overseas, or in U.S. States or other locations where divorces are difficult, time consuming or costly to obtain.
If both parties are in agreement to all terms, and if at least one party visits Guam for 7 days, an uncontested Guam divorce can be obtained in about 2 weeks for a total cost of $1,200.
Legal Status of a Guam Divorce
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 28 U.S.C.A. § 1738.
Non-Residents
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. You do not have to be a U.S. citizen to obtain a Guam divorce.
Prior to 2006, Guam courts granted uncontested divorces without either party being present on Guam. However, in January 2006, Guam law was changed adding a requirement for one party to spend the 7 days (6 nights) on Guam.
If the parties have not come to agreement on custody of the children or property settlement, 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.
When your divorce is handled by SEATON M. WOODLEY, you will correspond directly with Mr. WOODLEY who will evaluate your case, provide advice and represent your interests in court. The WOODLEY Law Office will coordinate all preparations for off-island clients via telephone, fax and or e-mail. You will not be dealing with an off-island third party paralegal who has never set foot on Guam.
The total cost for your uncontested Guam divorce, minus travel expense, is $1,200 ($1,050 attorney fee plus $150 court filing fees).
If both parties have come to agreement on property settlement, child support and visitation, these terms will be included in the settlement at no additional charge.
Ensure you know what is included in your fee. Many law firms quote fees that do not include court filing fees, name change and property settlement. In such cases, you will be billed extra for these cost.
This fee does not include travel to Guam, however, we can help with arrangements for hotel and rental car for your 7 day required stay.
Payment may be made in two installments with one half due at time services are retained and the remainder due when the divorce is granted.
Guam Residents
A person who has resided on Guam for a period of at least 90 days may obtain a divorce whether or not his or her spouse consents to the divorce.
Uncontested Divorce. The Guam courts will grant a seven day uncontested divorce if both parties are in agreement to the terms of the divorce. As a general rule, the grounds for a seven-day uncontested divorce are irreconcilable differences. The total cost for an uncontested divorce for Guam residents is $650 ($500 attorney fee plus $150 court filing fees).
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 divorce may be expanded to include adultery, extreme mental cruelty, etc. The time and costs required to obtain a contested divorce will vary depending on the merits of each case. Costs include attorney fees and court costs. A contested divorce is billed at $150 per hour plus court costs with a $1,000 retainer.
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. Contact us for consultation.
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.
