Title 19 — Personal Relations

In proceedings under this Chapter, no court fees shall be charged against and no witness fees shall be allowed to any party to a petition. No employee of the government of Guam shall be entitled to receive any fee for the service of process or for attendance in court in any such …

The court shall make and keep records of all cases brought before it, and shall devise and cause to be printed such forms for social and legal records and such other papers as may be required. The court's official records shall be opened to inspection only as provided by § 5123 o…

Those official records of the court, and the police reports in connection therewith, dealing with the violation by a child (except when the violation is the first offense) of any Guam law or a regulation having the force and effect of law shall be open to inspection. SOURCE: CCP …

(a) All government records concerning proceedings under § 5103(a) shall be sealed upon the juvenile's attaining 18 years of age, or upon attaining 21 years of age in the case of any person over whom jurisdiction is retained pursuant to § 5105(b). Any person whose record has been …

(a) Any interested party aggrieved by order or decree of the Family Division may appeal said order or decree to Supreme Court of Guam. The pendency of appeal shall not suspend the order of the Family Division regarding a child nor shall it discharge the child from custody of that…

It is hereby made the duty of every public official or department to render all assistance and cooperation within his or its jurisdictional power which may further the objects of this Chapter. The Family Division is authorized to seek the cooperation of all societies or organizat…

The presiding judge shall appoint men and women from the community who shall be representative of human service entities both public and private and may include but are not limited to, commissioners, probation officers, police or educational personnel, and military personnel, to …

(a) The Guam Police Department may photograph and fingerprint any child who is believed based upon probable cause to have committed a violation of Guam law and is in police custody. (b) Within thirty (30) days of the failure of the government to prosecute the juvenile or a findin…

This Chapter shall be liberally construed to the end that each child within the jurisdiction of the court shall receive such care, guidance and control, preferably in his home, as will enhance the child's welfare and be in the best interest of Guam, and then when such child is re…

There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Chapter. SOURCE: CCP § 282 reenacted by P.L. 17-012:2 as 19 GCA § 5130.

On the effective date of this title, and subject to the provisions of § 5132, §§ 250 through 282, inclusive, of the Code of Civil Procedure are hereby repealed. SOURCE: New Section; repeals the old Juvenile Court Act. No other laws need be repealed.

This Act shall take effect 90 days after being signed into law. Upon this act's taking effect, it shall apply to all proceedings under § 5103, regardless of when commenced, provided that this act shall only apply to proceedings under § 5103(a)(4) wherein the date of the conduct c…

This Chapter may be cited as the Family Court Law. SOURCE: CCP § 281 modified to reflect change in Court Title, and enacted by P.L. 17-012:2 as 19 GCA § 5133. COMMENT: Since the jurisdiction of the Family Division is statutorily increased to include all family matters, the name o…

and Objectives. (a) Goal. The goal of this Chapter is to promote a balanced juvenile justice system in Guam to protect and safeguard the rights of those injured, whether it be the community or any victim of crime, to impose offender accountability for violations of law, and to eq…

Hearings Officers. (a) There is hereby created an expedited judicial process agency which shall constitute a division of the Superior Court to be designated the Judicial Hearings Division. (b) The Judicial Hearings Division (the Division) shall be a court of record administered b…

(a) The principal purpose of the Division is to provide a speedy and efficient legal process in child support cases which will assist the Superior Court judges in adjudicating maintenance and support matters and in enforcing orders for support in accordance with applicable federa…

Under the authority of the Superior Court, a referee shall have the following duties in relation to family law matters only: (a) To take testimony and receive evidence for the record; (b) To hear and decide motions and preliminary matters, unless the same are appealed by any part…

There are hereby authorized to be appropriated from the General Fund such sums as may be necessary to carry out the provisions of this chapter.

Any reference to referee or referees within this Chapter shall also mean “Hearings Officer” or “Hearings Officers.” SOURCE: Added by P.L. 29-109:6 (Aug. 26, 2008). --------

(a) Separate property means: (1) property acquired by either spouse before marriage or after entry of a decree of dissolution of marriage; COL1242015 (2) property and earnings of a spouse and the minor children living with, or in the custody of, the spouse, while living separate …

(a) Separate debt means: (1) a debt contracted or incurred by a spouse before marriage or after entry of a decree of dissolution of marriage; (2) a debt contracted or incurred by a spouse after entry of a decree entered pursuant to § 8401 of this Title unless the decree provides …

(a) The separate debt of a spouse shall be satisfied first from the debtor spouse's separate property, excluding that spouse's interest in property in which each of the spouses owns an undivided equal interest as a joint tenant or tenant in common. Should such property be insuffi…

(a) Community debts shall be satisfied first from all community property and all property in which the spouses own an undivided equal interest as joint tenants or tenants in common, excluding the residence of the spouses. Should such property be insufficient, community debts shal…

Property Where Property Acquired by a Married Woman Prior to July 1, 1980. (a) Property acquired during marriage by either husband or wife, or both, is presumed to be community property. (b) Property or any interest therein acquired during marriage by a woman by an instrument in …

Property: When Joinder Required. (a) Except as otherwise provided in this Subsection and § 6109, either spouse has the management and control of the community real property, whether acquired prior to or after July 1, 1980, but both spouses must join in all transfers, conveyances …

(a) Except as provided in Subsections (b), (c), (e) and (f) of this Sec- tion, either spouse alone has full power to manage, control, dispose of and encumber the entire community personal property. (b)(1) If only one spouse is named in a document evidencing ownership of community…

Leases. A minor married person may join with his spouse in all transactions for which joinder is required by §§ 6106 and 6107 of this Title and such joinder shall have the same force and effect as if the minor spouse has attained his majority at the time of the execution of the i…

and Management of Community Personal Property Subject to Manage- ment of One Spouse Alone Where Spouse Has Disappeared or is Adjudged Incompetent. (a) If a spouse is adjudged incompetent or disappears and his location is unknown to the other spouse, the other spouse may file a pe…

All court orders authorizing the transfer, conveyance, encumbrance or lease of community real property or other real property owned by the COL1242015 spouses as co-tenants in joint tenancy or tenancy in common may be recorded in the Department of Land Management. SOURCE: CC § 164…

(a) Either husband or wife may enter into any engagement or transaction with the other, respecting property subject, in transaction between themselves, to the general rules which control the actions of persons occupying confidential relations with each other. (b) The provisions o…

(a) All contracts between husband and wife of which the subject matter is their separate or community property must be in writing and executed and acknowledged or approved in like manner as a grant of land is required to be executed and acknowledged or approved. (b) A minor marri…

(a) A full and complete inventory of the separate personal property of either spouse may be made out and signed by such spouse, acknowledged in the manner required by law for the acknowledgment of a grant of real property and recorded in the Department of Land Management. (b) The…

No estate is allowed the husband as tenant by curtesy upon the death of his wife, nor is any estate in dower allowed to the wife upon the death of her husband. ---------- COL1242015 COL1242015

As used in this Article: (a) Conciliation jurisdiction means domestic relation jurisdiction in the Superior Court in any serious domestic disturbance between the spouses which may, unless reconciliation or a settlement of the disturbance is effected, result in the dissolution or …

The Superior Court may exercise conciliation jurisdiction and obtain, use and provide conciliation services. After conciliation jurisdiction has been established, the Superior Court may at any time determine that the COL120106 need for such service does not warrant its continuanc…

Within ninety (90) days of enactment of this Section, the Superior Court of Guam shall develop a packet of materials explaining to the parties the possible alternative dispute resolution ("ADR") alternatives available to the parties in order for them to reconcile their domestic d…

(a) The Superior Court may obtain conciliation services by: (1) Employing or contracting for counselors and other personnel; or (2) Contracting or entering into agreements with public or private agencies to provide conciliation services to the court. (b) Subject to appropriation,…

(a) Whenever any domestic relations suit is commenced in the Superior Court, the court may, in its discretion, exercise conciliation jurisdiction over the controversy and over the parties thereto and all persons having any relation to the controversy. If, within forty-five (45) d…

(a) Whenever either spouse or both spouses file in the Superior Court a petition requesting the court to exercise conciliation jurisdiction with respect to a disturbance existing between the spouses, the court shall exercise conciliation jurisdiction over the disturbance and over…

When the Superior Court undertakes to exercise conciliation jurisdiction, it shall refer the matter to the conciliation services provided by the court. The court shall cause notice to be given to the spouses of the undertaking to exercise conciliation jurisdiction and the authori…

Whenever the Superior Court determines that the conciliation services provided by it are not adequate for the proper disposition of all matters that may be referred to the services, the court, by rule, may restrict the services provided but shall give priority to disturbances in …

(a) The Superior Court, with the consent of the spouses, may make orders with respect to the conduct of the spouses and with respect to the subject of the controversy or disturbance as it considers necessary to preserve the marriage or to implement the reconciliation of the spous…

(a) All hearings, conferences and other proceedings held pursuant to the court's exercise of conciliation jurisdiction shall be held in private and COL120106 all persons other than officers of the court, conciliation services personnel, the spouses, their counsel and witnesses sh…

Persons performing conciliation services shall have minimum educational and experience qualifications of a master's degree in the behavioral sciences; or a bachelor's degree and one (1) year's graduate training, both in the behavioral sciences plus two (2) year's recognized case …

of Cases Prohibited. The Superior Court of Guam shall not order parties into conciliation or mediation when either party asserts that family violence has occurred. The Court shall make available conciliation or mediation services for resolution of the issues in a petition for an …

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…

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…

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…

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

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.