CHAPTER 7-2
DIVORCE

7-2-1 Jurisdiction.

The Court shall hear a petition for divorce wherein:

(A)    Both petitioner and respondent are Indians;

(B)    Petitioner is a non-Indian and respondent is an Indian;

(C)    Petitioner is an Indian and respondent is a non-Indian; provided, however, that the non-Indian respondent voluntarily submits to the jurisdiction of the Tribal Court.

7-2-2 Residency.

The Court shall not hear any petition for divorce filed by a petitioner who has not resided and been physically present on the Reservation for at least six (6) months immediately preceding the filing of the petition.

7-2-3 Grounds.

A marriage may be dissolved for any of the following reasons:

(A)    abandonment;

(B)    adultery;

(C)    pregnancy by another other than her husband and the husband was ignorant thereof at the time of their marriage;

(D)    extreme cruelty;

(E)    gross neglect of duty;

(F)    habitual drunkenness;

(G)    incompatibility;

(H)    by mutual consent of the parties.

7-2-4 Petition.

A divorce proceeding shall be instituted by the filing of a petition for divorce and shall contain the following information and proof where required:

(A)    the names and addresses of the party’s;

(B)    the date and place of the marriage;

(C)    the date of separation;

(D)    the names and ages of all children of the marriage, dependent on the parties for support and welfare, and the desired custody and support arrangements of petitioner;

(E)    a statement of what property and debts are owned and what the petitioner expects from the proceedings;

(F)    the reason for the petition for divorce as set forth in Section 7-2-3.

7-2-5 Attachments.

The following documents shall be attached to the petition;

(A)    marriage license of the parties unless, for good cause shown it is waived by the Court;

(B)    certification of tribal enrollment, when applicable;

(C)    petitioner’s affidavit showing residency and physical presence on the Prairie Band of Potawatomi Reservation; and

(D)    an affidavit by the non-Indian party to the proceedings showing their voluntary submission to the Tribal Courts jurisdiction, when applicable.

7-2-6 Service.

A copy of the petition shall be personally served upon the respondent along with instruction that it shall be answered within thirty (30) days from the date of service. If personal service of the petition cannot be had then service may be had by publication in a local newspaper of general circulation for two (2) consecutive publication dates and answer must be made within ten (10) days after the last date of publication.

7-2-7 Hearing.

After the hearing all the evidence and if the Court determines that a divorce should be granted, the Court shall provide for a fair and equitable settlement considering the following matters:

(A)    property rights;

(B)    debts and obligations;

(C)    child custody and support payments;

(D)    any other matters which the Court deems proper.

The Court’s order shall be entered in the permanent records of the Court in the form of a final decree and a copy of such decree shall be served upon each party and all interested agencies.

7-2-8 Care and Custody of Children.

The Tribal Court shall maintain continuing jurisdiction over child custody and support matters with regard to each child of the marriage until each child reaches the age of eighteen (18) years. For all past and current cases and orders providing for support to the age of 18, such support shall be automatically continued to the June 30th following the child’s 18th birthday providing the child is a full-time, bona fide high school student pursuing a diploma or graduate equivalency diploma, unless such support is modified by the court. Support may be required to the 19th birthday for such student from a parent responsible for delays in the child’s education. Support beyond the 18th birthday may also be made if otherwise agreed to by the parent and approved by the court. The Court shall make provisions for guardianship, custody, and support of the minor children, and may modify or change any order when circumstances render such change proper.

(Amended by PBP TC No. 2008-225, dated October 10, 2008)

7-2-9 Preference of Child.

In any divorce action in which the Court must determine custody, the child may express a preference as to which of its parents the child wishes to have custody. The Court may determine whether the best interest of the child will be served by the expression of preference and, if the Court so finds, then, the Court may consider the expression of preference by the child in determining custody, however, the Court shall not be bound by that choice and may take other facts into consideration in awarding custody.

7-2-10 Restoration of Wife’s Maiden Name.

When a divorce is granted, the wife shall be restored to her maiden name if she so desires, however, the retention of her married name must be with consent of the other party.

7-2-11 Effect of Divorce.

A divorce granted at the instance of one party shall operate as a dissolution of the marriage contract as to both, and shall be a bar to any claim of either party in or to the property of the other, except in cases where actual fraud shall have been committed by or on behalf of the successful party.