19 Guam Code Ann. § 8318
Terms Used In 19 Guam Code Ann. § 8318
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
COL 6/21/2023
19 Guam Code Ann. PERSONAL RELATIONS
CH. 8 DISSOLUTION OF MARRIAGE
(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 (July 22, 1976), as R/R by P.L. 17-081:26 (Dec. 14 1984). Repealed/reenacted by P.L. 19-034:28 (Dec. 19, 1988). Amended by P.L. 27-129:1 (Dec. 3, 2004). Amended by P.L. 28-093:2 (Dec. 12, 2005), effective January 1, 2006.
COURT DECISIONS: Sections 8318 (prior to P.L. 27-129:1) and 8319 [Sections 128 and 129 of the Civil Code] have been declared to be contrary to the Organic Act of Guam in the case of McAllister v. McAllister, Dom. Case No. 1263-87 (Superior Court, 1988). The grounds stated were that these two sections were not laws of Alocal application@ under the Supreme Court case of Granville-Smith v. Granville-Smith, 349 U.S. 1, 75 S.Ct.
553 (1955). Rather, these sections went beyond matters of Alocal application@, seeking to encourage persons not residents of Guam to obtain
divorces in Guam.