Title 19 — Personal Relations
27 chapters · 510 sections in this title.
19 GCA § 8101 Annulling Marriages Generally
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A marriage may be annulled for any of the following causes, existing at the time of the marriage: (a) That the party in whose behalf it is sought to have the marriage annulled was under the age of legal consent, and such marriage was contracted without the consent of his or her p…
19 GCA § 8102 Commencement of Action
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An action to obtain a decree of nullity of marriage, for causes mentioned in the preceding section, must be commenced within the periods and by the parties, as follows: (a) For causes mentioned in subdivision (a): by the party to the marriage who was married under the age of lega…
19 GCA § 8103 Annulment and Legitimacy of Children
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A judgment of nullity of marriage does not affect the legitimacy of children conceived or born before the judgment, and the court may, during the pendency of the action, or at the time judgment is rendered or at any time thereafter make such order for the custody, care, education…
19 GCA § 8104 Judgment
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A judgment of nullity of marriage rendered is conclusive only as against the parties to the action and those claiming under them. SOURCE: CC § 86. ---------- ARTICLE 2 DISSOLUTION OF MARRIAGE
19 GCA § 8201 Marriage, How Dissolved
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Marriage is dissolved only: (a) By the death of one of the parties; or (b) By the judgment of a court of competent jurisdiction decreeing a dissolution of marriage. SOURCE: CC § 90.
19 GCA § 8202 Decree of Dissolution
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The effect of a judgment decreeing a dissolution of marriage is to restore the parties to the state of unmarried persons. SOURCE: CC § 91.
19 GCA § 8203 Causes
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Dissolution of marriage may be granted for any of the following causes: (a) Adultery. (b) Extreme cruelty. (c) Willful desertion. (d) Willful neglect. (e) Habitual intemperance. (f) Conviction of Felony. (g) Irreconcilable differences. SOURCE: CC § 92. Subsection (g) added by P.L…
19 GCA § 8204 Adultery
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Adultery is the voluntary sexual intercourse of a married person with a person other than the offender's husband or wife. SOURCE: CC § 93.
19 GCA § 8205 Extreme Cruelty
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Extreme cruelty is the wrongful infliction of grievous bodily injury, or grievous mental suffering, upon the other by one party to the marriage. SOURCE: CC § 94.
19 GCA § 8206 Desertion
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Willful desertion is the voluntary separation of one of the married parties from the other with the intent to desert. SOURCE: CC § 95.
19 GCA § 8207 Desertion, How Manifested
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Persistent refusal to have reasonable matrimonial intercourse as husband and wife, when health or physical condition does not make such refusal reasonably necessary, or the refusal of either party to dwell in the same house with the other party when there is not just cause for su…
19 GCA § 8208 Fraud, Desertion
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When one party is induced by the stratagem or fraud of the other party to leave the family dwelling place, or to be absent, and during such absence the offending party departs with intent to desert the other, it is desertion by the party committing the stratagem or fraud, and not…
19 GCA § 8209 Absence, Cruelty; Not Desertion
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Departure or absence of one party from the family dwelling place, caused by cruelty or by threats of bodily harm from which danger would be reasonably apprehended from the other is not desertion by the absent party, but it is desertion by the other party. SOURCE: CC § 98.
19 GCA § 8210 Separation by Consent; Not Desertion
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Separation by consent, with or without the understanding that one of the parties will apply for a dissolution of marriage, is not desertion. SOURCE: CC § 99.
19 GCA § 8211 Desertion Generally
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Absence or separation, proper in itself, becomes desertion whenever the intent to desert is fixed during such absence or separation. SOURCE: CC § 100.
19 GCA § 8212 Consent Revocable
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Consent to separation is a revocable act, and if one of the parties afterwards, in good faith, seeks a reconciliation and restoration, but the other refuses it, such refusal is desertion. SOURCE: CC § 101.
19 GCA § 8213 Desertion, Cured, Generally
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If one party deserts the other, and before the expiration of the statutory period required to make the desertion a cause of dissolution of marriage, returns and offers in good faith to fulfill the marriage contract, and solicits condonation, the desertion is cured. If the other p…
19 GCA § 8214 Husband's Home
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The husband may choose any reasonable place or mode of living, and if the wife does not conform thereto, it is desertion. SOURCE: CC § 103.
19 GCA § 8215 Husband, Decent Residence
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If the place or mode of living selected by the husband is unreasonable and grossly unfit, and the wife does not conform thereto, it is desertion on the part of the husband from the time her reasonable objections are made known to him. SOURCE: CC § 104.
19 GCA § 8216 Willful Neglect
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Willful neglect is the neglect of the husband to provide for his wife the common necessaries of life, he having the ability to do so; or it is the failure to do so by reason of idleness, profligacy, or dissipation. SOURCE: CC § 105.
19 GCA § 8217 Habitual Intemperance
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Habitual intemperance is that degree of intemperance from the use of intoxicating drinks which disqualifies the person a great portion of the time from properly attending to business, or which reasonably inflict a course of great mental anguish upon the innocent party. SOURCE: CC…
19 GCA § 8218 Same, One Year
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Willful desertion, willful neglect, or habitual intemperance must continue for one (1) year before any is a ground for dissolution of marriage. SOURCE: CC § 107.
19 GCA § 8219 Irreconcilable Differences
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Irreconcilable differences are those grounds which are determined by the Court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved. SOURCE: Added by P.L. 24-134:4 (Feb. 16, 1998). ---------- ARTICLE 3 CAUSES FOR…
19 GCA § 8301 Dissolution Denied; Showing
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Dissolution of marriage must be denied upon showing: (a) Connivance; or (b) Collusion; or (c) Condonation; or (d) Recrimination; or (e) Limitation and lapse of time. SOURCE: CC § 111.
19 GCA § 8302 Connivance
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Connivance is the corrupt consent of one party to the commission of the act(s) of the other, constituting the cause of dissolution of marriage. SOURCE: CC § 112.
19 GCA § 8303 Corrupt Consent
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Corrupt consent is manifested by passive permission, with intent to connive at or actively procure the commission of the acts complained of. SOURCE: CC § 113.
19 GCA § 8304 Collusion
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Collusion is an agreement between husband and wife that one of them shall commit, or appear to have committed, or to be represented in court as having committed, acts constituting a cause of dissolution of marriage, for the purpose of enabling the other to obtain a dissolution of…
19 GCA § 8305 Condonation
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Condonation is the conditional forgiveness of a matrimonial offense constituting a cause of dissolution of marriage. SOURCE: CC § 115.
19 GCA § 8306 Requisite to Same
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The following requirements are necessary to condonation: (a) A knowledge on the part of the condoner of the facts constituting the cause of dissolution of marriage; (b) Reconciliation and remission of the offense by the injured party; (c) Restoration of the offending party to all…
19 GCA § 8307 Condonation, What Implies
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Condonation implies a condition subsequent; that the forgiving party must be treated with conjugal kindness. SOURCE: CC § 117.
19 GCA § 8308 Condonation, Evidence
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Where the cause of dissolution of marriage consists of a course of offensive conduct, or arises, in cases of cruelty from excessive acts of ill-treatment which may, aggregately, constitute the offense, cohabitation, or passive endurance, or conjugal kindness, shall not be evidenc…
19 GCA § 8309 Condonation, When Can Only be Made
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In cases mentioned in the last section, condonation can be made only after the cause of dissolution of marriage has become complete, as to the acts complained of. SOURCE: CC § 119.
19 GCA § 8310 Void Condonation
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A fraudulent concealment by the condonee of facts constituting a different cause of dissolution of marriage from the one condoned, and existing at the time of condonation, avoids such condonation. SOURCE: CC § 120.
19 GCA § 8311 Revocation
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Condonation is revoked and the original cause of dissolution of marriage revived: (a) When the condonee commits acts constituting a like or other cause of dissolution of marriage; or (b) When the condonee is guilty of great conjugal unkindness, not amounting to a cause of dissolu…
19 GCA § 8312 Recrimination
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Recrimination is a showing by the defendant of any cause of dissolution of marriage against the plaintiff, in bar of the plaintiff's cause of dissolution of marriage. SOURCE: CC § 122.
19 GCA § 8313 Defense, Condonation
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Condonation of a cause of dissolution of marriage, shown in the answer as a recriminatory defense, is a bar to such defense, unless the condonation be revoked, as provided in § 8311, or two (2) years have elapsed after the condonation, and before the accruing or completion of the…
19 GCA § 8314 Dissolution, Denied, When
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A dissolution of marriage must be denied: (a) When the cause is adultery and the action is not commenced within two (2) years after the commission of the act of adultery, or after its discovery by the injured party; or (b) When the cause is conviction of a felony, and the action …
19 GCA § 8315 Time and Presumption
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Unreasonable lapse of time is such a delay in commencing the action as establishes the presumption that there has been a connivance, collusion, or condonation of the offense, or full acquiescence in the same, with intent to continue the marriage relation notwithstanding the commi…
19 GCA § 8316 Presumption Denied
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The presumption arising from lapse of time may be rebutted by showing reasonable grounds for the delay in commencing the action. SOURCE: CC § 126.
19 GCA § 8317 Limitations
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There are no limitations of time for commencing actions for dissolution of marriage, except such as are contained in § 8314. SOURCE: CC § 127.
19 GCA § 8318 Residence of Parties
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(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 dee…
19 GCA § 8319 Residence, Presumption of Jurisdiction
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(a) In actions for dissolution of marriage, neither the domicile nor residence of the husband shall be deemed to be the domicile or residence of the wife. For the purposes of such an action, each may have a separate domicile or residence depending upon proof of the fact and not u…
19 GCA § 8320 Default, When Allowed
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No dissolution of marriage can be granted upon the uncorroborated statement, admission or testimony of the parties in any contested action for dissolution of marriage, but the court must require proof of the facts alleged. In the event of uncontested, consent or default divorce a…
19 GCA § 8321 Decision, Interlocutory Judgment
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In actions for dissolution of marriage, the Court must file its decision and conclusions of law as in other cases, and if it determines that no dissolution of marriage shall be granted, final judgment must thereupon be entered accordingly. If it determines that the dissolution of…
19 GCA § 8322 Final Decree of Divorce after Six (6) Months Period
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When six (6) months have expired after filing of the initial petition or complaint for divorce, and following entry of an interlocutory decree of divorce, the court on motion of either party, or upon its own motion, may enter the final judgment granting the dissolution of marriag…
19 GCA § 8323 Confidential Hearing
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Notwithstanding any other law, in any domestic or child support case court hearing or proceeding, including for dissolution of marriage, the Court may close the hearing or proceeding to the public, upon motion by any party to the action and a showing of good cause. SOURCE: Added …
19 GCA § 8324 Records Sealed
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Notwithstanding any other provision of law, all papers, records, audio recordings, documents and exhibits in a domestic case or child support case, other than a divorce decree, whether part of a court record or record in another government Agency or Department=s possession, inclu…
19 GCA § 8401 Dissolution of Marriage Denied, Maintenance
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Though judgment of dissolution of marriage is denied, the court may, in an action for dissolution of marriage, provide for the maintenance by either spouse of the other and the children of the marriage, children of either spouse adopted by the other or any of them. SOURCE: CC § 1…
19 GCA § 8402 Alimony, Permanent Support
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(a) When an action for dissolution of marriage is pending, the court may, in its discretion, require the husband or wife, as the case may be, to pay as alimony any money necessary to enable the wife, or husband, to support herself and her children, or to support himself and his c…
19 GCA § 8403 Minors, Maintenance
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In actions for dissolution of marriage the court may, during the pendency of the action, or at the final hearing, or at any time thereafter during the minority of any of the children of the marriage, make such order for the care, education, maintenance, and support of such minor …