MISSING SPOUSE DIVORCE
Even if you have not heard from your spouse in many years, and have no way to contact him/her, you can still obtain a divorce in Guam. To file for a MISSING SPOUSE DIVORCE, you must first be a Guam resident for at least 90 days. (To learn about the Guam 90 day residency requirements, click here.)
The cost of MISSING SPOUSE DIVORCE will vary a little bit depending on the case, but usually will cost about $2000, including all filing fees and expenses. A MISSING SPOUSE DIVORCE usually takes 3 to 4 months to complete.
Here are the steps to obtaining MISSING SPOUSE DIVORCE
Provide us with a much information as possible about the last time you had contact with your spouse and where they might be found.
TALK TO US ABOUT YOUR CASE
After we receive your online information, we will contact you – often the same day. We will discuss your information, explain the process, and tell you exactly what it will cost.
MAKE A $400 DOWN PAYMENT
This can be paid online using a credit card, or in cash at our office.
LET US ATTEMPT TO CONTACT YOUR SPOUSE
We are obligated to make a good faith attempt to locate or contact your spouse. We will use the information you give us, plus a basic online and social media search. This usually does not take more than 1 to 2 days.
PAY BALANCE AND FILE MISSING SPOUSE DIVORCE IN COURT
Assuming we cannot locate our spouse, we will file a Petition for divorce in court. Before we file, you will be expected to pay any balance you owe – usually $1600. We will include in the Petition a summary of our attempts to locate your spouse, and why we feel it is not possible.
OBTAIN PERMISSION TO PROCEED BY “PUBLICATION”
If, after a good faith effort, we cannot locate your spouse, the court will give us permission to “proceed by publication.” This means we will be required to publish a notice in a Guam newspapers that you are seeking a divorce, and asking your spouse to respond.
WAIT 30 DAYS AFTER PUBLICATION OF THE NOTICE
Once the notice is published in a Guam newspaper, your spouse will have 30 days to respond, by contacting us, or filing papers in the Guam Superior Court. If your spouse does not file anything within that time, he/she will be in default.
REQUEST THE COURT TO GRANT A DEFAULT DIVORCE
If we do not hear from your spouse within 30 days of the when the notice appeared in the newspaper, we will request the court to grant the divorce based on your spouse’s failure to respond or “default.” This is a two step process and you do not need to worry about the details. It is mainly a matter of documenting to the court that we properly filed and published the necessary papers, but have not heard from your spouse.
WAIT FOR THE COURT TO GRANT THE DIVORCE
Once we request the court to grant a default divorce, the court will schedule a hearing on the matter. The hearing will usually be scheduled for several weeks after we make the request. Normally, you will not be required to attend the hearing. Attorney Gumataotao will represent you at the hearing. At the hearing, the Court will review the file. If everything is in order – as it will be – the COURT will grant the divorce.
FOR A CONSULTATION ABOUT A MISSING SPOUSE DIVORCE CLICK THE BUTTON BELOW: