(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). Repealed and reenacted by P.L. 17-081:26 (Dec. 18, 1984). Amended by P.L. 19-034:28 (Dec. 19, 1988), P.L. 27-129:1 (Dec. 3, 2004) and P.L. 28-093:2 (Dec. 12, 2005), effective Jan. 1, 2006 pursuant to P.L. 28-093:3. 2026 NOTE: Past publications of the GCA included a Court Decisions annotation that discussed a Superior Court decision and order in McAllister v. McAllister, Superior Ct. Case No. DM 1263-87 (Oct. 4, 1988), which had declared CC §§ 128 and 129 (the sources of §§ 8318 and 8319) to be invalid. However, on October 6, 1988, the court issued an
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Erratum that struck the language invalidating §§ 128 and 129. In light of the Erratum, and subsequent amendments to these statutes, the Court Decisions annotation discussing McAllister will no longer be published in the GCA.