Chapter 5.10
DISSOLUTION OF MARRIAGE
Sections:
5.10.010 Who may commence proceedings.
5.10.020 How commenced – Contents.
5.10.030 Jurisdictional requirements.
5.10.040 Invalidity of marriage.
5.10.060 Temporary maintenance or child support.
5.10.010 Who may commence proceedings.
Either or both parties to a marriage may initiate a proceeding which has as its object a dissolution or termination of the marriage. [Res. 2011-020; Res. 2006-63; GC vote 7/9/1985. Prior code § 8.1.2.010.]
5.10.020 How commenced – Contents.
A proceeding for the dissolution or termination of a marriage is commenced by the filing of a petition with the Court alleging the following:
A. The last known address of each party;
B. The date and place of the marriage;
C. If the parties are separated, the date on which the separation occurred;
D. The names, ages, and addresses of any children dependent on either or both of the spouses, and whether the wife is pregnant;
E. Any arrangements as to the custody, visitation, and support of any children and maintenance of a spouse;
F. A statement specifying whether there is property of the parties to be disposed of;
G. The Tribal affiliation of the parties, if any;
H. The relief sought. [Res. 2011-020; Res. 2006-63; GC vote 7/9/1985. Prior code § 8.1.2.020.]
5.10.030 Jurisdictional requirements.
No person may invoke the jurisdiction of the Tribal Court to terminate or dissolve a marriage unless either that person or the other party to the marriage is an enrolled member of the Chehalis Tribe. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 7/9/1985. Prior code § 8.1.2.030.]
5.10.040 Invalidity of marriage.
A. While both parties to an alleged marriage are living, and at least one party is a resident of the Tribe’s jurisdiction or a member of the Chehalis Tribe, a petition to have the marriage declared invalid may be sought by:
1. Either or both parties, or the guardian of an incompetent spouse, for any cause specified in subsection D of this section; or
2. Either or both parties, the legal spouse, or a child of either party when it is alleged that the marriage is bigamous.
B. If the validity of a marriage is denied or questioned at any time, either or both parties to the marriage may petition the Court for a judicial determination of the validity of the marriage.
C. In a proceeding to declare the invalidity of a marriage, the Court shall proceed in the manner and have jurisdiction, including authority to provide for maintenance, custody, visitation, support, and division of the property of the parties, provided by this title.
D. After hearing the evidence concerning the validity of a marriage, if both parties to the alleged marriage are still living, the Court:
1. If it finds the marriage to be valid shall enter a decree of validity;
2. If it finds that the marriage should not have been contracted because of the age of one or both of the parties, lack of required parental or Court approval, a prior undissolved marriage of one or both of the parties, reasons of consanguinity, or because a party lacked capacity to consent to the marriage, either because of mental incapacity or because of the influence of alcohol or other incapacitating substances, or because a party was induced to enter into the marriage by force or duress, or by fraud involving the essentials of marriage, and that the parties have not ratified their marriage by voluntarily cohabitating after attaining the age of consent, or after attaining capacity to consent, or after cessation of the force or duress or discovery of the fraud, shall declare the marriage invalid as of the date it was purportedly contracted;
3. If it finds that a marriage contracted in a jurisdiction other than this jurisdiction was void or voidable under the law of the place where the marriage was contracted, and in the absence of proof that such marriage was subsequently validated by the laws of the place of contract or the subsequent domicile of the parties, shall declare the marriage invalid as of the date of the marriage.
E. Any child of parties born or conceived during the existence of a marriage of record is legitimate and remains legitimate notwithstanding the entry of a declaration of invalidity of the marriage. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 7/9/1985. Prior code § 8.1.2.040.]
5.10.050 Provisions for child support, custody and visitation – Disposition of property and liabilities.
In entering a decree of dissolution of marriage, or declaration of invalidity of marriage, the Court shall consider, approve, or make provision for child custody and visitation, the support of any child of the marriage entitled to support, and the disposition of property and liabilities of the parties. [Res. 2011-020; Res. 2006-63; GC vote 7/9/1985. Prior code § 8.1.2.050.]
5.10.060 Temporary maintenance or child support.
A. In a proceeding for dissolution of marriage or declaration of invalidity of marriage, either party may move for temporary maintenance or for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested. As part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the Court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances and restraining or enjoining any person from:
1. Transferring, removing, encumbering, concealing, or in any way disposing of any property except in the usual course of business, or for the necessities of life, and, if so restrained or enjoined, requiring him or her to notify the moving party of any proposed extraordinary expenditures made after the order is issued;
2. Molesting or disturbing the peace of the other party or of any child of the marriage or of either party;
3. Entering the family home or the home of the other party, except upon a showing of the necessity for such an entry;
4. Removing a child from the jurisdiction of the Court.
B. The Court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the affidavit in support of the order or other evidence that irreparable injury could result if an order is not issued until the time for responding has lapsed.
C. The Court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper under the circumstances.
D. A temporary order, temporary restraining order, or preliminary injunction:
1. Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;
2. May be revoked or modified;
3. Terminates when the final decree is entered or when a petition for dissolution, or declaration of invalidity is dismissed. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 7/9/1985. Prior code § 8.1.2.060.]
5.10.070 Failure to comply.
If a party fails to comply with a provision of a decree or temporary order or injunction, the obligation of the other party to make payments for support or maintenance or to prevent visitation is not suspended, but he or she may move the Court to grant an appropriate order. [Res. 2011-020; Res. 2006-63; GC vote 7/9/1985. Prior code § 8.1.2.070.]