Guam § 3202 - Marriage Licenses.

§ 3202. Marriage Licenses.

(a) All persons about to be joined in marriage must first obtain a license

therefore, from the Department of Public Health and Social Services, which

license shall state:

(1) the identity of the parties;

(2) their full names, residence, and place of birth;

(3) their date of birth;

(4) their citizenship;

(5) if an alien, whether a resident alien or a non-immigrant alien;

(6) the number of previous marriages, wherever contracted and

how terminated; the occupations of the parties; the surname of each, if

previously married; the names and birthplaces of each; and, the maiden

name of the mother of each;

(7) whether a spouse elects to retain his or her surname upon

marriage as provided for by § 3108;

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(8) whether either party elects to hyphenate or change his or her

surname upon marriage as provided for by § 3108;

(9) whether either party elects to retain or change his or her

middle name upon marriage as provided for by § 3108;

(10) the social security number of each party; and, if a party does

not have a Social Security Number, he or she must state that fact; and

(11) whether the applicants elect to have their marriage

solemnized by a village Mayor or Vice Mayor.

(b) No license shall be issued when either of the applicants therefore is

an imbecile, insane as determined by the proper authority or who, at the time

of making of the application of proof required for said license, is under the

influence of intoxicating liquor or narcotic drug.

(1) If an applicant is under the age of eighteen (18) and has not

been previously married, no license shall be issued unless the consent

in writing of a parent or guardian of the person under age is presented

with the application.

(A) A consent must be verified and such consent shall be

retained with the application in the files of the Department of

Public Health and Social Services.

(B) The fact of the consent shall be noted upon the license.

(C) In addition to the consent required, no license shall be

issued for any person between the age of sixteen (16) and eighteen

(18) unless the marriage of that person has been approved by an

order in writing issued from the Superior Court.

(D) A license to marry shall not be issued to any person under

the age of sixteen (16) unless the court authorizes a license to be

issued to an applicant who is under sixteen (16) and with a child.

(2) No license shall be issued permitting marriage between first

cousins, between an adoptive parent and an adoptive child, between a

step-parent and a step-child or between a guardian and a ward unless a

written order authorizing such a marriage has been issued by the

Superior Court.

(c) Applications for a marriage license shall be made on a form

prescribed by the Director of Public Health and Social Services and must be

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sworn to by both applicants before the Director of Public Health and Social

Services or his delegate.

(1) No license shall be issued until after the expiration of five (5)

days after filing of the application, unless the applicant shall pay a

waiver fee of Fifty Dollars ($50.00).

(2) Upon paying the waiver fee, the Director of Public Health and

Social Services or his delegate may authorize the immediate issuance of

a marriage license.

(d) For the purpose of ascertaining all facts mentioned or required in

this Section, the Director of Public Health and Social Services, or his

designee, may examine under oath, or require written affidavits from, the

applicants for a license and as many supporting witnesses as he deems

necessary.

(1) Such examination shall be reduced to writing and subscribed

by all parties swearing to the facts therein.

(A) In the case of termination of a previous marriage by

divorce or annulment, the applicant shall furnish a certified copy

of the final decree of divorce or annulment.

(B) In the case of termination of a previous marriage by death

of the spouse, the applicant shall furnish a certified copy of the

record of death.

(2) If a certified copy of a final decree or divorce, annulment or

record of death as required herein is not available, the applicant may

submit in lieu thereof an affidavit setting forth, in such form as the

Director may require, the reason why it is not obtainable.

(e) Any application for a marriage license and any related document on

file with the Director of Public and Health and Social Services shall be open

to public inspection.

(f) Any person who shall swear falsely to an application for a marriage

license, or who shall make or present any false affidavit, statement, or

testimony in any proceeding under Subsection (d), shall be guilty of a

misdemeanor.

(g) No marriage license shall be effective nor shall it authorize the

performance of a marriage ceremony after the expiration of sixty (60) days

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from the date of issuance of such license. This provision shall be printed on

each license in prominent type.

(h) The Director of Public Health and Social Services and his designees

are authorized to administer oaths in connection with the administration of

this Section.

(i) A fee of Thirty Dollars ($30.00) shall accompany each application

for a marriage license and shall not be refunded if the license is not issued or

used. No marriage license fees collected by the government of Guam prior

to the enactment of this Section shall be refunded.

(j) All applicants electing to have their marriage solemnized by a

village mayor or vice mayor shall pay to the Mayors Council of Guam

Revolving Fund the sum of Fifty Dollars ($50.00), which shall be paid at

least three (3) days prior to the date of the marriage ceremony. The Mayors

Council of Guam treasurer shall transfer the amount to the appropriate

officiating municipality’s non-appropriated funds (NAF) village account.

(k) The Mayors of Council of Guam shall submit a quarterly report in

writing to the Speaker of I Liheslatura, to include, but not limited to, the

name of the mayor or vice-mayor performing the civil wedding ceremony,

the total number of civil weddings each mayor or vice-mayor performed each

month, the names of the individuals for which the ceremony was performed,

the date of the wedding, and the amount of money collected for all civil

weddings performed. This information shall be posted monthly on the

Mayors Council of Guam website.