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Guam Divorce Law

Divorce Laws in Guam

According to Guam divorce laws, you may request either a no-fault or fault divorce. The entry of a no fault divorce requires the statement of irreconcilable differences. Fault grounds include, but are not limited to, adultery, extreme cruelty and willful desertion. Additionally, one of the spouses must have been a resident of Guam for at least 90 days prior to filing for divorce in Guam.

Marital Separation Agreement & Community Property in Guam

Guam is known as a community property state. According to the Guam divorce laws, generally this means that the marital property, or community property, must be divided equally, unless there is an agreement to the contrary. Separate property shall be retained by the owning spouse.

A Marital Separation Agreement, also known as a Property Settlement Agreement, is a written contract designed to protect the assets and rights of the spouses. This is an agreement between the spouses which will state their entitlement to the division of property, terms of alimony and custody.

Guam Child Support, Child Visitation and Child Custody

The main focus in determining child custody, according to Guam divorce law, is the best interest of the children. However, under divorce laws in Guam, if the child is old enough, his/her preferences will be considered. Visitation rights are typically awarded so that the child spends equal amounts of time with both the non custodial and custodial parent.

Child support (a percentage of the non-custodial parentsí income paid to assist with the support of his children) is determined by the Child Support Guidelines, based on the income of both parents as set forth by divorce law in Guam.

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