Fill and Sign the This Action Arises under 7 Gca 3105 Form

Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pro Se. IN THE SUPERIOR COURT OF GUAM (DOB: _____________) Plaintiff, vs. (DOB: _____________) Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) Superior Court Case No. DM___________ COMPLAINT FOR DIVORCE I. This action arises under 7 GCA § 3105. II. Plaintiff and Defendant married on ______________________, and continue to be husband and wife. III. Plaintiff has resided on Guam seven (7) days immediately preceding the filing of this Complaint. (At least one of the parties have met the residency requirement of 19 GCA § 8318(b).) IV. The statistical facts alleged for the purpose of this complaint are: a. Place of marriage: ___________________________ b. Date of marriage: ___________________________ c. Date of separation: ___________________________ d. Number of years from marriage to separation: ____ year(s), ____ month(s) e. There are no minor children of the marriage. Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 V. Since the marriage of the parties to this action, irreconcilable differences have arisen and Plaintiff requests a divorce from the Defendant pursuant to 19 GCA § 8219. VI. The parties have the following community property of the marriage: 1) 2) The parties may have community property of which Plaintiff is unaware and Plaintiff reserves the right to include such property at a later date. VII. The parties have the following community debts of the marriage: 1) 2) The parties may have community debts of which Plaintiff is unaware and Plaintiff reserves the right to include such debts at a later date. VIII. There is no possibility of reconciliation between the parties. WHEREFORE, PLAINTIFF PRAYS: 1. That Plaintiff be granted a divorce from Defendant; 2. That the community property listed in paragraph VI be divided as follows: 1) __________________________________________________________________ _________________________________________ ‒ to PLAINTIFF/DEFENDANT. 2) __________________________________________________________________ _________________________________________ ‒ to PLAINTIFF/DEFENDANT. Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the community debts listed in paragraph VII be divided as follows ________________________________________________________________________\ ________________________________________________________________________\ 4. That the court shorten the time pursuant to 19 GCA § 8322 for a final decree of divorce and grant a final decree of divorce; 5. That the Plaintiff be restored to her maiden name to wit: __________________________. 6. For such other relief as the court deems proper. EXECUTED this_____ day of __________________, 20___. P ro Se B y: ________________________________ P ro Se V ERIFICATION I, ___________________________, hereby declare under penalty of perjury: That I am the Plaintiff in the above -entitled domestic action and that I verify the within COMPLAINT FOR DIVORCE and, in so doing, state that I have read the same and know the content of it, and that the same is true of my own knowledge, except as to the matters which are stated in it on my informati on or belief, and as to those matters, that I believe them to be true. __________________ __________________ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pro Se. IN THE SUPERIOR COURT OF GUAM ) Superior Court Cas e No.: DM _______________ ) P laint iff, ) ) APPEARANCE AND WAIVER OF v. ) NOTICE AND WAIVER OF RIGHTS ) UNDER THE SOLDIERS’ AND SAILORS’ ) CIVIL RELIEF ACT OF 1940 ) Defendant . ) __________________________________________) I, ___________________________ , de fenda nt in the above ent it led act ion, hereby acknowledg e receipt of the Complaint for Divorce and Summons filed herein and enter my appearance herein, waive service of all further pleadings and notice of all further proceedings, and consent that the said cause may be heard as a default matter. I further waive all rights granted, or which may accrue to me under the Soldiers' and Sailors' Civil Relief Act of 1940 and all amendments thereto. ____________________________________ ACKNOWLEDGMENT On this d ay of , 20____, before me, the undersigned notary, p ersonally appeared, ___________________________, the person whose name is signed on the p receding or attached document, and acknowledged to me that he signed it voluntarily for its stated pur pose. ____________________________________ NOTARY P UBLIC [PLF. IN T.]: _________ [DEF. INT .]:_________ Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P ro Se. I N THE SUPERIOR COURT OF GUAM P laintiff, vs . D efendant. ) ) ) ) ) ) ) ) ) ) ) Superior Court Case No. DM_____________ M ARITAL SETTLEMENT AGREEMENT 1.W e make this agreement between Plaintiff, ______________________, hereinafter referred to as Wife/Husband, and Defendant, _____________________, hereinafter referred to as Wife/Husband submitted as a Stipulation pursuant to Local Rule 3.1 (a) of Superior Court of Guam. 2. We make this agreement with reference to the following facts: a. Place of marriage: ______________________________. b. Date of marriage: ______________________________. c. Date of separation: ______________________________. d. There are no minor children of this marriage 3. Unhappy differences have arisen between Husband and Wife as a result of which they do, by this Agreement, agree to separate and live permanently apart and by this Agreement intend to reach a full settlement of their rights and duties with r espect to property. The parties intend each provision to be in consideration for each of the other provisions, waive a ll rights [PLF. IN T.]: _________ [DEF. INT .]:_________ Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 arising out of the marital relationship except those expressly set forth herein and hereby settle and adjust their respective p roperty rights and the relation between them, as follows: ________________________________________________________________________\ ________________________________________________________________________\ ________________________________________________________________________\ 4. Division of Community Property The parties hereto represent that they are now in possession of or own certain assets and otherwise have already divided any community or separate property to their mutual satisfaction. The community prope rty of the marriage shall be divided as follows: ________________________________________________________________________\ ________________________________________________________________________\ ________________________________________________________________________\ 5. Division of Community Debt s The community debts of the marriage shall be assigned as follows: ________________________________________________________________________\ ________________________________________________________________________\ ________________________________________________________________________\ 6. Each party shall pay all their own expenses, court costs and attorney’s fees in the divorce action now pending. 7. We agree that any and all property acquired by either one of us from and after the effective date of this agreement shall be the sole and separate property of the one so acq uiring it; and each of us waives any and all property rights in or to such future acquisitions and hereby grants to the other all such future acquisitions of property as the sole and separate [PLF. IN T.]: _________ [DEF. INT .]:_________ Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 property of the one so acquiring the same from the effective date of this agreement. 8. We mutually covenant and agree on demand, to execute any other or further instruments necessary or convenient to carry out the provisions of this agreement. 9. We mutually stipulate that both of us have read this agreement and are fully aware of its contents and of its legal effect. 10. We mutually stipulate that the court shorten the six (6) month waiting period for a final decree of divorce. 11. This agreement is entire. We may not alter, amend, or modify it, except by an instrument in writing executed by both of us. It includes all representations of every kind and nature made by each of us to the other. This agreement shall be binding upon and inure to the benefit of both of us, and of our heirs, executors, administrators, successors and assigns. 12. It is further understood and agreed that in the suit for dissolution of marriage now pending, this agreement, subject to the court having jurisdiction thereof, shall be incorporated in and be made a part of any decree for dissolu tion of marriage that may be granted by such court. WE EXECUTE THIS AGREEMENT and make it effective on the date the last signature is affixed. DATE: ______________________. _______________________________________ DATE: ______________________. _______________________________________ [PLF. IN T.]: _________ [DEF. INT .]:_________ Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ACKNOWLEDGMENT On this _____ day of ______________________, 20____, before me, the undersigned notary, personally appeared, , the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. ______________________________ NOTARY PUBLIC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pro Se. IN THE SUPERIOR COURT OF GUAM ) Superior Court Case No.: DM _______________ ) P laint iff, ) ) v. ) INTERLOCUTORY JUDGMENT ) OF DIVORCE ) ) Defendant . ) __________________________________________) It appe aring that the Defendant acknowledged receipt of the Complaint, entered his /her appearance, waived service of all further proceedings and notice of all further proceedings, consented that this cause may be heard without his /her presence and that all the allegations of Plaintiff =s Complaint are true, that the court has jurisdiction herein, that a divorce ought to be granted to the Plaintiff, as provided in the parties ’ attached Marital Settlement Agreement fully incorporated herein as the Court’s decision and Conclusions of Law, with this judgment , and the court being fully advised. IT IS HEREBY ADJUDGED as an Interlocutory Judg ment herein that Plaint iff is ent it led to a divorce fro m Defenda nt on the above -stated ground. SO ORDERED: . _________________________________________ J UDGE , S upe rior Court of Guam 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P ro Se . IN THE SUPERIOR COURT OF GUAM ) Superior Court Case No. : DM_______________ ) Plaint iff, ) ) v. ) FINAL DECREE OF DIVORCE ) ) ) Defendant . ) __________________________________________) P laint iff has made an application to the Court that the Interlocutory Judgment of Divorce be declared final pursuant to 19 GCA§ 8322. This court, finding good cause, and considering further that there is no gro und by which this court should not grant the final decree and considering further that there is cause for shortening the waiting period. The following information is provided pursuant to court requirements: Plaintiff, ___________________________ (DOB: __________); Defendant , ___________________________ (DOB: __________). IT IS THEREFORE ORDERED that the Interlocutory Judg ment of Divorce be, and hereby is, made final and the parties are restored to the status of single persons and either party is permitted to marry from and after the effective date of this decree. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS FURTHER ORDERED that the provisions of the Interlocutory Judgment of Divorce are reaffirmed by and incorporated in and made a part of this decree and the parties are ordered to perform its terms. IT IS FINAL LY ORDERE D that the Plaintiff be restored to her maiden n ame to wit: ___________________________ _________ . SO ORDERED: . ____________________________________ JUDGE , Superior Court of Guam 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pro Se. IN THE SUPERIOR COURT OF GUAM ) Superior Court Case No. : DM_______________ ) Plaint iff, ) ) v. ) NOTICE OF HEARING ) ) ) Defendant . ) __________________________________________) NOTICE IS HEREBY GIVEN that on ___________________, at _________, or soon thereafter as the matter can be heard, will come before the court for a hearing on the Complaint for Divorce, at the Superior Court of Gu am, 120 West O'Brien Drive, Hagåtña, Guam 96910 / Superior Court of Guam Northern Court Satellite, 132 West Marine Drive, Dededo, Guam 96929. Dated this day of __________________, 20 ____. ___________________________, P ro Se By: _____________________________________ SUPERIOR COURT OF GUAM N ON -CRIMINAL CASE COVER SHEET CASE NUMBER (For Clerk Use Only) : _____________________ NOTICE : Plaintiff /Petitioner must submit this cover sheet with the first paper filed in the action or proceeding as required by local court rule. See General Rule 5.1(c)( 4) of the Local Rules of the Superior Court of Guam. Failure to file may result in sanctions. If this case is a civil case and complex , you must serve a copy of this cover sheet on all other parties to the action or proceeding. 1. Plaintiff(s)/Petitioner(s) : Defendant(s)/Respondent(s) /Party - in - Interest : Name(s): Address: Email: Telephone: Attorney for Plaintiff(s)/Petitioner(s): Name(s): Address: Email: Telephone: [Attach additional page as necessary to list all parties.] 2. Check ONE box below for the case type that is the PRIMARY cause of action: CIVIL DOMESTIC RELATIONS TORT : CONTRACT : Dissolution/Divorce/Annulment  Uncontested Divorce  Divorce  Annulment  Paternity  Custody  Visitation  Adoption  Civil Protection/Restraining Orders ( Plaintiff’s DOB: _________ __ ____) ( Defendant’s DOB: ______ __ _____)  Other : ______________ ________ Support  Child Support – IV - a  Child Support – Private (Non - IV - D)  Support – Other  Automobile Tort  Intentional Tort Malpractice  Medical  Other  Premises Liability  Product Liability  Slander / Libel / Defamation  Other  Buyer Plaintiff  Fraud Employment  Discrimination  Other Landlord Tenant  Unlawful Detainer  Other  Mortgage Foreclosure  Seller Plaintiff ( Debt Collection)  Other OTHER CIVIL: PROBATE, MENTAL HEALTH, AND GUARDIANSHIP  Restraining Order  Foreign Judgment  Petition for Judicial Review  Procurement Appeal  Civil Forfeiture  Petition for Writs  Other REAL PROPERTY: Probate  Wills/Intestate  Other Probate Mental Health  Involuntary Hospitalization  Other Guardianship  Adult (Ward’s DOB:________ _ _ _ )  Juvenile  Eminent Domain  Quiet Title / Partition  Other For CIVIL CASES ONLY: 3. This case  is /  is not complex. If the case is complex , mark the factors requiring exceptional judicial management:  Large number of separately represented parties  Extensive motion practice raising difficult or novel issues that will be time - consuming to resolve  Substantial amount of documentary evidence  Large number of experts  Large number of witnesses  Coordination with related actions pending in one or more courts in other counties, states, or countries, or in federal court  Su bstantial post - judgment judicial supervision. 4. Remedies sought (check all that apply):  Monetary  Non - monetary – Declaratory or injunctive relief  Punitive  Other: ______ __________________________ _____________ 5. Cause ( s ) of Action (specify): _________ __________________________________________ ______ ________________________ 6. This case  is /  is not a class action suit. 7. Jury Demanded in Pleading?:  Yes /  No → If yes :  Jury of 6 /  Jury of 12 8. If there are any known related cases, list the case name(s) and number(s): __________________ ______ __________________ CCM Rev. 07/01/2019