RACHEL TAIMANAO-AYUYU 101 Chalan Santo Papa, Suite 200 Hagatna, Guam 969 10 Tel. 67 1.989.0559 Fax. 67 1.989.0565 Email:
[email protected] Attorney for Plaintiff
IN THE SUPERIOR COURT OF GUAM HAGATRA, GUAM
MARILYN GUERRERO SANTOS, Plaintiff, v. MANCINI UNCHANGCO SANTOS, Defendant.
) ) ) ) ) ) ) )
DOMESTIC CASE NO. DM0600- 13 CHILD SUPPORT CASE NO. CS0129-13
PLAINTIFF'S DELCARATION IN SUPPORT OF MOTION FOR LEAVE OF COURT TO EXTEND TIME AND TO AMEND THE COMPLAINT
I, -Marilyn G. Santos, declare as follows: 1.
I am the Plaintiff named in the above-captioned domestic matter.
2.
Defendant is my husband. We were separated on or about June 2009.
3.
I originally sought legal services to prepare a complaint for a mutual divorce for which
flat rate I could afford. Unfortunately, Defendant refused to agree to a divorce at that time. 4.
Because of Defendant's adultery and abuse against me during our marriage, I felt that
our marriage was irretrievably broken. I proceeded to file the documents as prepared because it was the only way I could get divorced. After our separation, I had financial difficulty on my income alone. 5.
I am a special education program coordinator. Defendant is a firefighter I11 and upon
information and belief, his annual income is about $93,000.00. He had not provided financial
oTT, ; i
LAW OFFICE OF & POLE
Plaintiffs Declaration in Support of Motior Santos v. Santos, DM0600-1: Page I
support for my maintenance and for our then minor children up to the date of filing the complaint.
I was on a fixed income after our separation and had prioritized purchasing my condominium because Defendant remained our family home in Barrigada. I continue to be on a fixed income. 6.
It was not until early 2014 when Defendant began paying child support, but the support
is based on lesser income made in 201 1. 7.
I have no legal training or prior experience with legal documents. I have attempted to
file legal documents based on my limited knowledge of the applicable laws.
8.
Defendant has had an attorney since our divorce case began.
9.
I have complied with the court's order for mediation, but it was unsuccessful because
Defendant stormed out during our session.
I ended up paying for the session because
Defendant's attorney, Attorney Gumataotao, told me I had to pay for the entire cost. 10.
Defendant's attorney has sent me emails threatening to take away my condo if I do not
agree to all of Defendant's demands. If that occurs, I will be homeless and so will my youngest daughter. 11.
As a pro se party, I have had to endure remarks from Defendant's attorney accusing me
of being "a typical Charnorro woman" in a derogatory context when I was seeking to get what I believe I am legally entitled to in the divorce. 12.
As a pro se party, I have had to endure warnings from Defendant's attorney that I will
not get anything from the divorce, stating, "I've been divorced three times and none of my ex wives got anything. What makes you think you'll get anything from my client." 13.
Defendant's attorney has called me several times and emailed me several times this
year.
At one point, I felt harassed and so intimidated by our discussions that I filed a
Plaintiffs Declaration in Support of Motio~ Santos v. Santos, DM0600-1: Page :
declaration to ask the Court for sanctions against Defendant's attorney. The court did not sanction him. 14.
Recently, I have been able to get representation without having to pay a retainer deposit
which is not common. I am gratehl to have the assistance as I have been recently informed that certain properties that I acquired after my separation is considered separate property for distribution in divorce. 15.
I am asking the Court to grant my request to amend my complaint to protect my
separate property. Additionally, I am asking the Court to grant my request for an extension of time to prepare for trial.
RESPECTFULLY SUBMITTED on this 28th day of July 2014.
E:\Active\Santos, Marilyn GDeclaration in Support Motion For Leave of Court and Memorandum of Authorities.docx Plaintiffs Declaration in Support of Motio Santos v. Santos, DM0600-1 Page
