Title 19, Personal Relations

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…

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…

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.

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.

Absence or separation, proper in itself, becomes desertion whenever the intent to desert is fixed during such absence or separation. SOURCE: CC § 100.

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.

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…

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. COL 2026-08-11

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.

“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.

“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: …

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.

“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 DENYING …

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.

“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.

“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.

“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 …

“Condonation” is the conditional forgiveness of a matrimonial offense constituting a cause of dissolution of marriage. SOURCE: CC § 115.

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; COL 2026-08-11 (c) Restoration of the offendi…

Condonation implies a condition subsequent; that the forgiving party must be treated with conjugal kindness. SOURCE: CC § 117.

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…

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.

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.

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…

“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.

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…

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 …

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…

The presumption arising from lapse of time may be rebutted by showing reasonable grounds for the delay in commencing the action. SOURCE: CC § 126.

There are no limitations of time for commencing actions for dissolution of marriage, except such as are contained in § 8314. SOURCE: CC § 127.

(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…

(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…

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…

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…

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…

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 …

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…

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…

(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…

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 …

(a) In actions for divorce, separation, annulment, separate maintenance, or any other proceeding where there is at issue a dispute as to the custody of a minor child, the court may, during the minority of the child, make such order for the custody of such minor child as may seem …

(a) The Court shall provide or contract for at least one (1) visitation center for victims of family violence and their children to allow Court-ordered visitation in a manner that protects the safety of all family members. Other governmental agencies shall cooperate with the Cour…

When a dissolution of marriage is granted, the tribunal shall provide for the medical care, support, reasonable education and maintenance of the children of the marriage and children of either spouse adopted by the other as required by Chapter 34 of Title 5 of the Guam Code Annot…

The court may require the husband or wife, as the case may be, to give reasonable security for providing maintenance or making any payments required under the provisions of this Chapter, and may enforce the same by the appointment of receiver, or by any other remedy applicable to…

In executing the five (5) preceding Sections, the court must resort: (a) to the community property, then, (b) to the separate property of the spouse required to make payment. SOURCE: CC § 141 as amended by P.L. 15-113:5 (Mar. 20, 1980). NOTE: § 142 CC was repealed by P.L. 15-113:…