Guam Motion for Pendente Lite Relief

State:
Multi-State
Control #:
US-02526BG
Format:
Word; 
Rich Text
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Description

Pendente lite refers to an order which is in effect awaiting the litigation (lawsuit). It is often used in divorce law to refer to court orders such as temporary child support, visitation, or alimony which are in effect until the case is tried, or rights which cannot be enforced until the lawsuit is over. Pendente lite matters are contingent on the outcome of the underlying litigation. Sometimes a party is required to deposit funds with the court pending the outcome of the lawsuit. If the depositing party loses the lawsuit, the funds are paid to the opposing party.

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FAQ

There is no such thing on Guam as a ?non-resident divorce?. However, under current Guam law, an uncontested divorce may be granted if both parties are in agreement to the terms of the divorce and at least one spouse visits Guam for a minimum of 7 days prior to filing the petition.

Overall, in order to maintain the status quo, a divorcing spouse may file a Motion for Pendente Lite (awaiting the litigation in Latin), which is an application for temporary relief pending the final resolution or decision of a divorce case.

Guam law favors joint legal and physical custody under most circumstances. With joint legal custody, both parents must consult each other before making major decisions impacting the child/ren. If parents have joint physical custody, then the child/ren spends equal time with both parents.

In Guam, you can get a no-fault divorce or a fault-based divorce. A no-fault divorce is when you file for divorce without saying that your spouse is responsible for the end of the marriage because there are ?irreconcilable differences,? which means there are substantial reasons the marriage should not continue.

The Guam government including its judicial/court system was established by law of the U.S. Congress. A divorce granted by a Guam Court including property and custody agreements, is legally recognized by all political jurisdictions of the U.S.A. See: U.S. Code, Title 28, Section 1738, attached.

Guam follows in second place with 4.3 divorces per 1,000 people.

Default divorces are most commonly used when a spouse lives someplace other than Guam and does not file anything with the court. A contested divorce occurs when the parties cannot agree on all issues and they go to court to have the judge make the final decisions.

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Guam Motion for Pendente Lite Relief