Chapter 7.08

(a) Marriages between Puyallup Indians contracted outside of the Puyallup Reservation are valid within the Puyallup Reservation if valid by the laws of the place where contracted.

(b) Marriages between members of the Puyallup Tribe of Indians may be validly contracted within the Puyallup Reservation either by following the law of the state of Washington or by meeting the requirements of PTC 7.08.050 through 7.08.070. [Res. 0807-31C (07/31/80); prior code § 7.02.010]

7.08.020 Mixed marriages.

Marriages between Puyallups and non-Puyallups may be validly contracted only by the parties’ complying with applicable state or foreign law. [Res. 0807-31C (07/31/80); prior code § 7.02.020]

7.08.030 Same sex marriages.

Same sex marriage may be validly contracted within the Puyallup Indian Reservation either by following the laws of the State of Washington or by meeting the requirements herein:

(a) One of the persons who wishes to marry must be a member of the Puyallup Tribe of Indians; and

(b) Must be 18 years of age or older; and

7.08.040 Plural marriages void.

All plural marriages contracted, whether or not in accordance with Tribal custom, shall be void. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.030. Formerly 7.08.030]

7.08.050 Methods of contracting marriage.

(a) Puyallup Indians may contract marriage by signing in the presence of two witnesses, who shall also sign, the marriage certificate printed on the face of their marriage license. In such cases the marriage shall be valid regardless of whether or not a ceremony is held.

(b) The contracting parties may marry according to the rites of any church, in which case they, the officiating clergyman, and two witnesses shall sign in the places provided on the face of the marriage license. The authority to officiate at marriages of any person signing a Tribal marriage license as a clergyman shall not be questioned. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.040. Formerly 7.08.040]

7.08.060 Requirements generally.

In order to contract a Tribal marriage, the following requirements must be fulfilled:

(a) Both parties must be unmarried. If either party has been previously married, the marriage must have been dissolved by death of the spouse or by a valid decree of divorce.

(b) Males must be at least 18 years old and females must be at least 16 years old; except where the female is pregnant, she and the father may marry regardless of their ages.

(c) Males between 18 and 21 years of age and females between 16 and 18 years of age must have written consent to marry. Such consent must be given by both parents if the minor is living with both parents. If the minor is living with only one parent, the consent of that parent shall be sufficient. If the minor is not living with either parent, the written consent of the nearest adult relative with whom the minor is living or of a guardian appointed by the Courts of the Puyallup Tribe shall be required. In case any person authorized to give consent to the marriage of a minor is incapable of giving such consent because of mental incapacity or otherwise, a guardian appointed by the Courts of the Puyallup Tribe may give consent instead of such person.

In cases where the female is pregnant, the Courts of the Puyallup Tribe may authorize the marriage of minors without consent of any third party.

A person consenting to the marriage of a minor shall be liable for the support of any children born to that minor until the minor reaches the age of 21 if a male, or 18 if a female.

(d) The couple must obtain a marriage license, as provided in PTC 7.08.070. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.050. Formerly 7.08.050]

7.08.070 Marriage licenses – Issuance.

(a) Such persons as the Puyallup Tribal Council may from time to time designate shall issue Tribal marriage licenses. Until the Tribal Council otherwise designates, the Puyallup Tribal Enrollment Clerk shall issue marriage licenses.

(b) Before issuing any marriage license, the person having authority to issue such license shall ascertain, by questioning the applicants, by requiring them to fill out a form, or by any other means at his disposal, that they are sober, are mentally competent and meet all the requirements of PTC 7.08.060.

(c) Any person authorized to issue Tribal marriage licenses may issue such licenses to qualified applicants regardless of their places of residence. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.060. Formerly 7.08.060]

7.08.080 Form.

The form of Tribal marriage licenses shall be substantially as follows:

PUYALLUP TRIBE OF INDIANS
MARRIAGE LICENSE

Authority is hereby given for the marriage of the following named members of the Puyallup Tribe of Indians:


Man		Woman
. . . . . . . . . . . . . . . . . .	Name	. . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .	Enrollment Number	. . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .	Residence	. . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .	Age	. . . . . . . . . . . . . . . . . .

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of _______, 20__.


	. . . . . . . . . . . . .
	. . . . . . . . . . . . .
	Title

MARRIAGE CERTIFICATE

I, the man named above, hereby take the woman named above for my lawful wife; and I, the woman named above, hereby take the man named above for my lawful husband.

I, a clergyman, hereby certify that the man and woman named above were married this day in a ceremony at which I officiated. (This paragraph may be crossed out if the parties are not married before a clergyman.)

IN WITNESS WHEREOF, we have hereunto set our hands this ___ day of ________, 20__, in the presence of the witnesses whose names appear below.


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Witness	Contracting Party


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address of Witness


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Witness	Contracting Party


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address of Witness


	. . . . . . . . . . . . . . . . . . . . . . . . .
	Clergyman (signature optional)


	. . . . . . . . . . . . . . . . . . . . . . . . .
	Address of Clergyman

RETURNED AND FILED FOR RECORD this ___ day of _________, 20__, and recorded in Book ___ of Marriage Licenses and Certificates on page __, Number _____.


	. . . . . . . . . . . . . . . . . .
	Enrollment Clerk Puyallup Tribe of Indians

[Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.070. Formerly 7.08.070]

Subchapter 2. Validation of Marriages

7.08.090 Not contracted by church, state or Tribal custom ceremony – Generally.

All purported marriages of members of the Puyallup Tribe of Indians, not contracted by church, state or Tribal custom ceremony as defined by the resolutions of the Tribal Council, wherein such members were or are recognized as man and wife in their community, are validated and recognized as valid Tribal custom marriages from the date of their inception. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.110. Formerly 7.08.080]

7.08.100 Procedure for judgment of validity.

(a) Any Puyallup Indian, claiming that his or her marriage was validated by PTC 7.08.090, may file a petition in any Court of the Puyallup Tribe for a judgment declaring that such marriage was so validated. If the petitioner’s spouse in such alleged marriage is known to the petitioner to be living, such spouse must also sign the petition, or be named as defendant and notified of the suit. If the petitioner’s spouse in such alleged marriage is not known to the petitioner to be living, the petitioner must prove to the satisfaction of the Court that such spouse is dead or has been absent for five successive years, without being known to the petitioner within that time to be living, or the petition shall be dismissed.

(b) If the petitioner, having complied with subsection (a) of this section, proves to the satisfaction of the Court that he or she and his or her alleged spouse were recognized as man and wife in their community on ________________, 20__, or at any time previously, the Court shall issue a judgment that such petitioner and spouse were validly married on such date. If feasible, the Court shall also ascertain the date of inception of such marriage and shall recite such date in the judgment.

(c) Any judgment of validity of marriage issued by a Court of the Puyallup Tribe in accordance with subsection (b) of this section shall be forwarded to the Tribal Council, who may then cause the marriage to be recorded in the Tribal census rolls and a certificate of marriage to be issued to the petitioner.

(d) In cases where a child whose parents are deceased contends that such parents’ marriage was validated by PTC 7.08.090, such child may file a petition in any Court of the Puyallup Tribe for a judgment that such marriage was so validated. If such petitioner proves to the satisfaction of the Court that his parents are deceased and that they were recognized as man and wife in their community of ________________, 20__, or at any time previously, the Court shall issue a judgment that such parents were validly married on such date. If feasible, the Court shall also ascertain the date of inception of such marriage and shall recite such date in the judgment. Such judgment shall be forwarded to the Tribal Council for recording and issuance of a certificate of marriage. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.120. Formerly 7.08.090]

7.08.110 Defect in ceremony.

All marriages of Puyallup Indians which have been recorded in the Puyallup Tribal records are recognized as valid from their inception despite any defect in the ceremony by which they were contracted. The purpose of this section is to cure defects in ceremony and not to validate marriages which may be invalid for any reason other than defect in ceremony. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.130. Formerly 7.08.100]

Subchapter 3. Husband and Wife

7.08.120 Antenuptial agreements.

(a) Parties intending to marry may enter into agreements not contrary to good morals or law. They shall not enter into an agreement or make a renunciation the object of which is to alter the law of descent or property, either with respect to themselves or inheritance by their children or posterity which either may have by another person, or with respect to their common children.

(b) A minor capable of contracting matrimony may enter into an agreement authorized by subsection (a) of this section with the written consent of both parents if both are living, and if not, with the consent of the survivor. If both parents are dead, the minor may enter such agreements with the written consent of his guardian.

(d) No matrimonial agreement shall be altered after the solemnization of the marriage. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.210. Formerly 7.08.110]

7.08.130 Separate property – Definitions.

(a) All property, real and personal, of the husband, owned or claimed by him before marriage, and that acquired afterward by gift, devise or descent, and also the increase, rents, issues and profits thereof, is his separate property.

(b) All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterward by gift, devise or descent, and also the increase, rents, issues and profits thereof, is her separate property.

(c) The earnings and accumulations of the wife and the minor children in her custody while she lives separate from her husband are the separate property of the wife. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.220. Formerly 7.08.120]

7.08.140 Married women.

Married women have the sole and exclusive control of their separate property. The separate property of a married woman is not liable for the debts or obligations of the husband, and it may be sold, mortgaged, conveyed or bequeathed by the woman who owns it as if she were not married. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.230. Formerly 7.08.130]

7.08.150 Liability for debts.

The separate property of the husband and wife is not liable for the debts of the other contracted before marriage. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.240. Formerly 7.08.140]

7.08.160 Community property – Definition.

All property acquired by either husband or wife during the marriage, except that which is acquired by gift, devise or descent, or earned by the wife and her minor children while she lives separate and apart from her husband, is the community property of the husband and wife. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.250. Formerly 7.08.150]

7.08.170 Capacity of persons under age of majority.

(a) Lawfully married men and women 18 years of age or over shall not be under legal disability by reason of their minority with regard to any transaction affecting their real or personal community property, and they shall as to such property possess all the rights and liabilities in estates and property usually attached to and assumed by persons of the age of 21 years and over.

(b) A dissolution of marriage shall not deprive either party who is 18 years of age or over at the time of dissolution of authority to enter into transactions affecting the community property acquired during coverture and which may be vested in either or both of them as the result of dissolution of the marriage. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.260. Formerly 7.08.160]

7.08.180 Personal property – Disposition.

During coverture, community personal property may be disposed of by either the husband or the wife. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.270. Formerly 7.08.170]

7.08.190 Liability for community debts.

The community property of the husband and wife is liable for the community debts contracted by either the husband or the wife during marriage unless specially excepted by law. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.280. Formerly 7.08.180]

7.08.200 Personal property – Disposition.

During coverture, community personal property may be disposed of only upon mutual consent of both the husband and the wife. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.290. Formerly 7.08.190]

7.08.210 Legal capacity of married women generally.

Married women of the age of 21 years and upwards have the same legal rights and are subject to the same legal liabilities as men of the age of 21 years and upwards. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.300. Formerly 7.08.200]

Subchapter 4. Divorce

7.08.220 Grounds for divorce.

The Puyallup Tribal Court is authorized to dissolve all marriages of Puyallup Tribal members, whether consummated by Tribal custom, church, or state ceremony, upon any of the following grounds:

(a) That the party in whose behalf it is sought to have the divorce granted was under the legal age for marriage, unless after attaining the legal age such party for any time freely cohabited with the other as husband and wife.

(b) That the former husband or wife of either party under a Tribal custom or other ceremony was living and the marriage with such former husband or wife was not properly dissolved.

(d) When either party has willfully abandoned the other, or caused the complaining party to leave against his or her wishes, for the term of six months preceding commencement of the action.

(e) When one of the parties uses intoxicating drinks or narcotics habitually to the mental anguish of the other.

(f) When one party inflicts grievous bodily injury or grievous mental suffering upon the other.

(g) Neglect on the part of the husband to support his family according to his means, station in life, and ability.

(h) Inability to live together in agreement and harmony.

(i) In favor of the husband when the wife was pregnant at the time of marriage by another than her husband, husband having been ignorant thereof, provided action is commenced within a reasonable time after the fact is known to the husband.

(j) Voluntary separation of husband and wife for a period of one year or more. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.410. Formerly 7.08.210]

7.08.230 Residence.

The Puyallup Tribal Court shall have jurisdiction over a divorce petition in cases where the complaining party has resided within Pierce, King, Thurston, Snohomish, Kitsap, or Mason County for at least 90 days prior to the commencing of any action for the divorce of any marriage. [Res. 090714A (07/09/14); Res. 110609 (06/11/09); Res. 0807-31C (07/31/80); prior code § 7.02.420. Formerly 7.08.220]

7.08.240 Filing fee.

A filing fee of $30.00 must be paid to the Puyallup Tribal Court before such Court will entertain an action for the dissolution of a marriage. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.430. Formerly 7.08.230]

7.08.250 Settlement of property rights – Custody and care of children.

Each divorce decree shall provide for a fair and just settlement of property rights between the parties, and also for the custody and proper care of the minor children. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.440. Formerly 7.08.240]

7.08.260 Certificate of divorce – Issuance.

A certificate of divorce shall be issued by the Puyallup Tribal Court when a divorce is granted. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.450. Formerly 7.08.250]

7.08.270 Record of divorces.

All divorces granted by the Puyallup Tribal Court must be recorded with the Tribal Enrollment Office and the Bureau of Indian Affairs. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.460. Formerly 7.08.260]

7.08.280 Remarriage.

No person, married by Tribal custom, who claims to have been divorced shall be free to remarry until a certificate of divorce has been issued by the Puyallup Tribal Court. [Res. 090714A (07/09/14); Res. 0807-31C (07/31/80); prior code § 7.02.470. Formerly 7.08.270]

Chapter 7.08DOMESTIC RELATIONS CODE

7.08.010 Validity generally.