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Guide to Uncontested Divorce in Guam

December 23, 2025

Uncontested / Simple Divorce in Guam: A Plain-English Guide

If you’re thinking about ending your marriage in Guam and want to keep things as simple, affordable, and low stress as possible, a Consent Divorce (Guam’s common term for a cooperative uncontested case) may be a good fit.

In Guam, the big local hook is the 7-day residency requirement, but it only applies when both spouses consent in writing to the divorce. Otherwise, Guam’s standard residency rule is longer.

This guide walks through what an uncontested or “simple” divorce in Guam means, who qualifies, a step-by-step overview of the process in the Superior Court of Guam, typical timelines and costs, and where a DIY self-help kit fits in if you decide to handle things on your own.

Important: PlainDivorce is not a law firm and this guide is not legal advice. It is general legal information to help you understand the process. Court rules, forms, and fees can change, and everyone’s situation is different. Talk to a Guam lawyer or legal aid office if you need advice about your own case.

Table of Contents

uncontested divorce in Guam

1. What Is an Uncontested or Simple Divorce in Guam?

In Guam, people often say “uncontested” or “simple divorce,” but court practice commonly focuses on whether the case is a Consent Divorce (a cooperative case where the other spouse signs consent and waiver paperwork) or a non-consent case (which may require formal service procedures and more time).

A Consent Divorce generally means:

  • One spouse files a Complaint for Divorce in the Superior Court of Guam, and
  • The other spouse signs a written consent and waiver document (commonly an Entry of Appearance and Waiver style form), and
  • You both agree on the terms (property, debts, and support, if applicable), often written into a Marital Settlement Agreement.

Because the non-filing spouse signs an Appearance and Waiver style document, many cooperative cases can avoid the delay and cost of formal service.

2. Who Qualifies for a Consent Divorce in Guam?

To qualify for a Consent Divorce in Guam, focus on three things: residency, consent, and agreement.

2.1 The Guam residency rules (7-day vs. 90-day)

This is where Guam is unique:

  • Consent Divorce (7-day path): If both parties consent in writing, a divorce may be granted if one party has resided in Guam for at least 7 days immediately before filing.
  • Standard rule (90-day path): Without the written mutual consent basis, Guam generally requires at least 90 days of residency/physical presence immediately before filing.

Important practical point: In consent cases, residency still must be pled and proved, and the court makes findings on residency/compliance.

How to avoid problems: even if you qualify for the 7-day path, be prepared to show evidence that supports your physical presence dates if the clerk or judge asks. (The exact proof required can vary, so verify local expectations with the clerk.)

2.2 Agreement on all major issues

To stay uncontested in practice, you should agree on:

  • Division of property and debts
  • Whether spousal support (if any) will be paid
  • If you have children: custody/parenting schedule and child support (plus any court-required child-related paperwork)

If there is domestic violence, intimidation, hidden assets, or major disagreement, a DIY consent divorce may not be safe or appropriate. Consider legal advice before filing.

3. Step-by-Step Overview of the Consent Divorce Process (Superior Court of Guam)

Guam Consent Divorce flow (plain English): 7-Day Residency (only if both spouses sign written consent) → File Complaint → Spouse Signs Appearance and Waiver → Interlocutory Judgment → Final Decree.

Every case is unique, but here is a practical roadmap of a typical Consent Divorce in the Superior Court of Guam.

Step 1 – Confirm you qualify for the consent divorce path

  • Residency: Do you qualify under the 7-day written-consent rule or the standard 90-day rule?
  • Consent: Will the other spouse sign a written consent and waiver document (often an Appearance and Waiver style form)?
  • Agreement: Are property, debts, and support terms agreed and written clearly?

Step 2 – Write your Marital Settlement Agreement

Most uncontested cases use a written Marital Settlement Agreement to spell out who gets what, who pays which debts, and whether spousal support will be paid. In a consent divorce, this agreement is typically submitted with (or alongside) your court paperwork so the judge can see the full deal.

Step 3 – Prepare the court forms (the clerk’s “hard stop” documents)

Your exact packet can vary, but the official Guam self-help uncontested process commonly centers on documents such as:

  • Complaint for Divorce (opens the case)
  • Appearance and Waiver style consent form (often titled as an Appearance and Waiver / Consent to Divorce document)
  • Marital Settlement Agreement (your written agreement)
  • Interlocutory Judgment (the first signed court order in the uncontested packet workflow)
  • Final Decree of Divorce (the final signed order that ends the marriage)
  • Non-Criminal Case Cover Sheet and any other required filing coversheets for your case type

Why this matters: in Guam consent cases, the judge still must be able to make findings that Guam has jurisdiction and that residency was pled/proved.

Step 4 – File your papers with the Superior Court of Guam

  • Make at least one full copy set for your records.
  • File the originals at the Superior Court of Guam (Clerk’s Office) or through the court’s accepted filing method.
  • Pay the filing fee (see the cost section below, and verify current fees before filing).

Step 5 – Service (often avoided in consent cases)

In a non-consent case, you typically must formally serve the other spouse. In a Consent Divorce, a properly signed Appearance and Waiver style document is often the key that keeps the case cooperative and avoids traditional service steps.

Step 6 – Interlocutory Judgment first, then Final Decree

Many Guam uncontested cases follow a two-step court order process: an Interlocutory Judgment is entered first, and the Final Decree is entered later.

Important timeline reality: the court packet workflow reflects that the final step is commonly entered after a waiting period (often referenced as six months after the interlocutory step), unless the court orders otherwise.

Step 7 – Get certified copies

After the final decree is entered, request certified copies from the clerk if you need official proof for name change, benefits, or remarriage.

4. Special Issues When You Have Children

If you have minor children, the court will focus on the children’s best interests. Even if you and your spouse agree, you may need child-related paperwork addressing custody/parenting time and child support. Because many self-help packets are designed for simpler cases, parents should double-check current court requirements and consider at least a short consultation for peace of mind.

5. How Long Does a Consent Divorce Take in Guam?

The fastest “entry point” is the 7-day written-consent residency rule, but that does not automatically mean the entire case finishes in a week.

In practice, your timeline usually depends on:

  • How quickly you can prepare a complete, consistent packet (complaint, waiver/consent, settlement terms, and proposed orders)
  • Clerk review and judge availability
  • The court’s two-step order process (interlocutory judgment first, final decree later, often after a waiting period)

To avoid delays, confirm your packet is complete before filing and verify any local practice requirements with the clerk.

6. What Does a Consent Divorce Cost in Guam?

Typical cost categories include:

  • Court filing fee: generally $300.00 (verify current fees before filing).
  • Notary fees (commonly needed for consent/waiver signatures)
  • Certified copy fees for your final decree
  • Service fees (often avoided in cooperative consent cases if the waiver/appearance document is properly completed)

If you choose limited-scope legal help (reviewing a settlement agreement or checking forms), that can add cost but may still be far less than a contested divorce.

7. When a DIY Divorce Might Not Be Right for You

A DIY consent divorce is best for cooperative, low-conflict situations. Consider legal advice if there’s domestic violence, intimidation, hidden assets, complex property, or serious cross-border issues. Also be cautious if you feel pressured to sign terms you don’t understand.

8. Where a Self-Help Divorce Kit Fits Into the Process

A Guam Consent Divorce can be paperwork-heavy, even when both spouses fully agree. A good self-help kit can help you stay organized around Guam’s most important local steps: qualifying for the correct residency path (7-day with written consent vs. standard residency), using the proper Appearance and Waiver style consent form, attaching a clear settlement agreement, and preparing the proposed orders for the court’s two-step workflow.

Download Our Guam Uncontested Divorce Self-Help Kit

PlainDivorce kits provide structured information and tools, not legal advice. They don’t replace a lawyer, but they can make the process easier if your case is truly cooperative.

9. Final Thoughts and Next Steps

If you and your spouse can cooperate, Guam’s Consent Divorce process can be an efficient path, especially because the law allows a 7-day filing option when both parties consent in writing.

  • Confirm you qualify under the correct residency rule (7-day with written consent vs. standard residency).
  • Draft a clear settlement agreement covering property, debts, and support.
  • Use the correct consent/waiver terminology and execute signatures properly.
  • Prepare for the court’s two-step process (interlocutory judgment first, final decree later).
  • Verify current fees and filing requirements with the clerk before you file.

PlainDivorce is here to help with Guam-focused self-help information and tools, but we’re not a law firm and this guide is not legal advice. Always double-check current court requirements before you file.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.