Divorce in Palau
by: Micronesian Legal Services Corporation Palau
This article discusses divorce in Palau. A marriage may be ended in Palau by a customary divorce, a divorce through the court, or an annulment through the court.
An annulment, on the other hand, can only be granted when there was a legal problem with the marriage, which would make the marriage improper under the law. An annulment makes the marriage void, as if the marriage never legally existed. After the annulment, it would be as if the couple had never been married and the parties would be considered single. Annulments are only proper in rare situations when the marriage was illegal or void.
Divorce, either through the court, or by custom, ends a marriage which was legal and valid. After the divorce, the law would recognize that the couple once had a valid marriage, but the marriage has ended and the parties are considered divorced and are treated as being single again. Divorce is the more common way to end a marriage.
The law in Palau recognizes the validity of a divorce that is done in accordance with recognized Palauan custom. If the validity of a customary divorce is questioned or disputed by anyone, so that it causes embarrassment or affects the property rights of the divorced parties, or their children, then the divorced party, or the children, may ask the Court to confirm the divorce. This confirmation hearing is similar to the procedure we discussed in earlier programs for confirming adoptions and marriages. The party would first file a paper called a petition with the Clerk of Court, and in it would ask the Court to confirm there was a customary divorce. The court would hold a hearing and would listen to testimony from the people involved. If the Court was satisfied the divorce was valid in accordance with recognized Palauana custom, the Court would enter an order, called a decree, confirming the divorce and the date of the divorce.
A divorce may also be granted by the Court. If one of the parties to the marriage is not a citizen of Palau, these procedures should be followed for a divorce. The law requires that one of the parties has been a resident of Palau for two years prior to beginning a divorce procedure with the Court.
The law also sets out specific grounds for getting a divorce. If one of the legal grounds for divorce does not apply to your marriage, you cannot get a divorce in Palau. The following are the legal grounds for obtaining a divorce in Palau:
1. Adultery
2. Cruel treatment, neglect, or other personal indignities that makes the life of the spouse intolerable, and makes it difficult for the couple to continue living together. This can include physical cruelty, but other kinds of cruelty or neglect would also apply.
3. Willful desertion by the spouse for one year of more.
4. Habitual intoxication, by drugs or alcohol, of the spouse for one year or more.
5. The sentencing of the spouse to prison for three years or more.
6. The insanity of the spouse for three years or more.
7. The contracting of leprosy.
8. The separation of the parties for two consecutive years, without living together, whether by mutual consent or not.
9. Willful neglect by the husband to provide suitable support for his wife when he is able to do so, or if his failure to provide support is because of idleness.
The proper ground that applies to your marriage should be specifically stated in the petition. The court cannot grant a divorce, unless the party requesting the divorce proves that one of these grounds apply.
A divorce through the courts is begun by filing a paper called a petition. This petition should state the names and addresses of the married couple; the date and place of the marriage; and the reason or grounds for the divorce. If the couple had children, the petition should also state the names and ages of all children born to the couple; the proper person to have custody of the children; and the amount of money required for the support of the children. If the couple owns property, such as land, cars, or furniture, the petition should state which person receives the property after the divorce.
The petition is filed with the Clerk of Court. There is a $50.00 court fee for filing the petition. After filing the petition, a copy of the petition needs to be served on the other party to the marriage. The petition can be served by the Marshal=s Office for a $5.00 fee depending on the location of the other party.
If the opposing party objects to the divorce, or does not agree with any of the terms of the divorce, such as the amount of child support or division of property, he or she must file a paper with the Clerk of Court called an answer. The answer must be filed within twenty days after the petition was received.
If the answer is not filed on time, the court assumes the opposing party agrees to the divorce and its terms. The court will enter a default judgment, granting the divorce, without having a court hearing. It is very important for the opposing party to file an answer if they object to the divorce or any of the terms, such as the amount of child support. If they do not file an answer, they will lose the case without having a hearing.
After the answer has been filed, the next step is for the court to hold a hearing. At the hearing the judge willdetermine whether a divorce is proper and the terms of the divorce.
If a person wants to obtain a divorce through the Court, he or she files a paper with the Clerk of Court, called a petition. The petition must include the parties' names, the date and place of the marriage, and the reasons or grounds for the divorce. If the couple had children, the petition should also state the names and ages of all children born to the couple; the proper person to have custody of the children; and the amount of money required to support the children. If the couple owns property, such as land, cars, or furniture, the petition should state which person receives the property after the divorce.
If the opposing party objects to the divorce, or does not agree with any of the terms of the divorce, such as the amount of child support or division of property, he or she must file a paper with the Clerk of Court called an answer. The answer must be filed within twenty days after the petition was received.
After the answer has been filed, the next step is for the court to hold a hearing. At the hearing the judge will determine whether the divorce is proper and the terms of the divorce, such as the amount of child support or how the property is to be divided.During the divorce hearing each side will present witnesses who will testify. The first the thing for the court to decide in a divorce case is whether the couple was actually married. Marriages that were performed by a minister or the court are recorded with the Clerk of Court and are easily proven. If the marriage was in accordance with Palauan custom, it should have been recorded with the Clerk of Court. However, if this was not done, the marriage can be proven by testimony from members of the family to show the court the customs were followed.
The next step is for the Court to determine whether there are proper grounds for divorce. As we discussed last week, the law in Palau sets out specific grounds or reasons for divorce, such as adultery or abandonment. The party who wants the divorce, would have to prove to the Court that one of these grounds for divorce is present. If the court finds there was a marriage and there is a proper ground or reason for the divorce, the Court will grant the divorce.
The court also has the authority to determine how the couple's property is to be divided, the custody of the couple's children, and the amount of child support, and whether alimony should be awarded, if the couple cannot agree on these matters. When the court determines which party should have custody of the children, the judge will try to decide what is best for the children. The judge will look at things like which parent usually takes care of the children and what home is the best environment for the children. If the child is older, the judge may ask the child where he or she wants to live. Although it is more common for the mother to have custody of the children, it is possible for the father to be awarded custody if he usually takes care of the children, or has a better home for the children.The judge can order the parent who does not have custody of the children to pay child support. This money is to be used for the care of the children. When determining the amount of the child support, the court will look at things like the expenses involved in raising the children and the parent's ability to pay child support. The court can order child support paid until the child reaches eighteen years old or marries. Sometimes child support can be ordered after the child is eighteen, if the child is in school on a full-time basis.
Although it is not common in Palau, the Court has the authority to order alimony. Alimony is money paid to the wife by the husband and is used for her support.
It is more common in Palau for the husband or his family to pay Olmesumech to the wife. After the divorce, the judge will give the families some time to determine what the proper amount of Olmesumech is according to custom. If the families cannot agree, the court can order the husband to pay Olmesumech. The court cannot order the husband's family to pay because they are not parties in court.Finally, the court has the authority to divide the couple's property between them, if they cannot agree how to divide it. The court will look at a number of things in determining the property division. The most important thing the court will consider is how the property would be divided according to custom, if the couple is Palauan. The court can also consider the length of the marriage and the contributions of each party to the marriage.
After the hearing, if the court finds a valid marriage and proper grounds for a divorce, the court will issue an order, called a decree. The decree will state the couple is now divorced. It will also contain the terms of the divorce that apply, including the custody of the children, the amount of child support, alimony, olmesumech, and the property division.
The divorce is final in thirty days after the decree is signed by the judge, unless it is appealed. If either party believes the judge made a legal error in granting the divorce, or about the terms of the divorce, he or she can file an appeal. The appeal must be filed within thirty days of the decree. If an appeal is filed, the case would be reviewed by three justices of the Supreme Court in the same manner as appeals of other trials.
A divorce, either through the court, or by custom, ends a marriage which was legal and valid. After the divorce, the law would recognize that the couple once had a valid marriage, but the marriage has ended and the parties are considered divorced and are treated as being single again.
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