GUAM ANNULMENT

I am often asked if it is possible for non residents to obtain an annulment through Guam. The answer is yes. There is no requirement that either party be a resident of Guam, to obtain an annulment here, so long as both parties agree to the Guam court's jurisdiction. [Whealton v. Whealton, 432 P.2d 979 (Cal 1967)].

Further, there is no need under the law for either party to come to Guam, though the judge assigned to the case could demand it.

Now for the bad news. Under Guam law, a marriage may only be annulled for certain specific circumstances:

1. If one of the parties was under the age of legal consent, at the time of the marriage. However, if after attaining the age of consent, the parties live together, they are no longer eligible for an annulment.

2. If one of the parties was already married at the time of this marriage.

3. If either party was of unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband or wife;

4. If the consent to the marriage of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband or wife;

5. If the consent of either party was obtained by force, unless such party afterwards freely cohabited with the other as husband or wife.

6.  If either party was, at the time of marriage, physically incapable of entering into the marriage state (impotence), and such incapacity continues, and appears to be incurable.

7. If the marriage was not valid under the laws of the place where the parties married. For example, they did not properly obtain a marriage license.

The court will require proof, usually by affidavit, that the grounds for annulment exist.

Annulment is a longer process and will usually take two to three months, and the cost will usually be $2000.00-$4000.00.

If you meet these requirements and wish to start an annulment, please fill out our online questionnaire so we may contact you.

For most people, it would be cheaper and faster to obtain a seven day residency divorce.

For all questions about Guam Divorces, custody or support, ask for attorney Ron Moroni. 1-866-472-1540.