Image provided by: University of Oregon Libraries; Eugene, OR
About Siletz news / (Siletz, OR) 199?-current | View Entire Issue (April 1, 2014)
Original Date: Subject: Dissolution of Marriage Ordinance DISSOLUTION OF MARRIAGe ORDINANCe Siletz Tribal Code § § ? Title. This ordinance shall be known as the “Dissolution of Marriage Ordinance of the Confederated Tribes of Siletz Indians.” Purpose and Intent. (a) Pursuant to the Constitution of the Confederated Tribes of Siletz Indians and the Siletz Tribal Council Rules of Procedure, §2.108 Ordinances (a), the Tribal Coun- cil has legislative authority to establish Tribal Ordinances. In order to protect, preserve and promote the health and welfare of the Tribe and its members, the Tribal Council has established this Dissolution of Marriage Ordinance, which sets out rules to govern the dissolution of marriages involving at least one Tribal member. (b) The Tribal Council finds that marriage is a fundamental human right, and an institution that strengthens family relationships and preserves the integrity, cohe- siveness, and continuity of the Siletz Tribe. The Tribe further finds that it is essential to the political integrity of the Tribe to have the ability to dissolve marriages that are created under Tribal law. The Tribe further finds that this Ordinance deals with purely intramural relationships among persons who are recognized members of the Tribe’s community. (5) The parties have signed: (a) a written agreement regarding the division of personal property, assets acquired during the marriage and debts incurred during the marriage: and (b) any documents (title certificates, bills of sale or other evidence of transfer of ownership) necessary to comply with the agreement. (6) Both parties have waived any right to spousal support. (7) One Spouse is a Tribal member or a resident of the reservation. (8) If a spouse is neither a Tribal member nor a resident of the reserva- tion, that spouse has consented to the jurisdiction of the Tribal Court, waiving the right to contest the jurisdiction of the Tribal Court to enter a final judgment. (9) That, if the Court feels that it would be beneficial and the parties agree, the court may order mediation or any other alternative dispute resolu- tion process, if the parties financial situation allows. §? §? (b) In making a determination under subsections (a)(4) through (a)(7), the Court must take the following factors into account: The parties must show the court: (1) Whether the home or real property at issue is being leased or pur- chased from the Tribe or any other Tribal entity; (2) A statement from the applicable Tribal entity whether there are any laws or regulations applicable to the home or real property that require that the occupant be an “Indian” as that term is defined by applicable federal or Tribal law; (3) Whether there are any constraints in the funding source(s) involved in the purchase, rental, maintenance, or operation of the home or other real property that require that the occupant be an “Indian” as that term is defined by applicable federal or Tribal law; and, (4) Whether there are any requirements or constraint in the rental agree- ment, lease, homebuyer agreement, restrictive covenant, or other applicable instruments that would be breached if one of the parties was granted the exclusive right to occupy the premises. Definitions Address means a residence, mailing or contact address in the same state or (a) reservation as the person’s home. (b) Divorce or Dissolution means the legal termination of a valid marriage by the Tribal Court. (c) Tribe means the Confederated Tribes of Siletz Indians (d) Tribal Court means the Siletz Tribal Court (e) Tribal member means a person who is an enrolled member of the Confed- erated Tribes of Siletz Indians (f) Reservation means those lands held in trust by the Federal government for the benefit of the Tribe for the purposes of this Ordinance. (g) Legal Separation means a legal separation of the property, children, and assets of two parties, at the completion of which the parties are still legally married. (h) Annulment means the legal termination of a voidable marriage as defined by CTSI (Insert Code once established) (Voidable Marriages from Marriage Ordinance). §? Jurisdiction and Background The Tribe has the jurisdiction to grant a divorce, legal separation, or annulment based on the merits when a marriage is created under Tribal law, or when at least one of the parties is a Tribal member and the other party consents to the jurisdiction of the Tribal Court. The Tribal Court has jurisdiction to hear all divorce, annulment, and legal separation proceedings, as granted by the Siletz Tribal Court Rules and Procedures. The Court shall not take action that could jeopardize any funding received by the Tribe or any Tribal entity, that could put the Tribe or any Tribal entity in violation of applicable law or regulation, or that could result in a breach of a rental agreement, lease, homebuyer agreement, restrictive covenant, or other applicable instrument. The Court may request input from the Tribe or any applicable Tribal entity to assist it in making such determination. §? §? Grounds for Divorce The sole grounds for divorce shall be that the differences between the par- ties have caused the irremediable breakdown of the marriage. §? Divorce, Legal Separation and Annulment Procedure Proceedings in divorce, legal separation and annulment shall be commenced and conducted in the manner provided by Siletz Tribal Court Rules and Procedures, except as otherwise specifically provided in this chapter. Grounds for annulment are established in Siletz Tribal Code Chapter (Insert Code once established), Voidable Marriages. Filing Fee A filing fee may be established and published by the Chief Judge of the Tribal Court through supplemental court rules. The Chief Judge shall have the authority to waive the fee, if he or she feels such a waiver will serve the interest of justice. Filing a Joint Petition, Content and Form The proceeding for the Dissolution of Marriage shall commence by filing a joint petition with the Clerk. The petition shall be signed and verified under oath by both parties, and shall state that as of the date of its filing each requirement in Section (a) except for (5)(b) has been met. The Petition shall state the mailing address of both parties, and shall also state whether or not both parties choose to have their original maiden name restored. If so, both parties shall state the name to be restored. §? Provisions of Final Decree (a) When the Court issues a decree of annulment, legal separation, or divorce it has the further power to decree: §? §? Requirements for Dissolution and/or Legal Separation (a) A marriage may be dissolved or a legal separation established only when all the following conditions are met: (1) Irreconcilable differences have caused the breakdown of the marriage and the marriage should be dissolved, or a legal separation established. (2) There are no children of the marriage, natural or adopted, and the wife (to the best of her knowledge) is not pregnant; or a written agreement has been filed resolving all issues of child custody, support and visitation. (3) Neither party has an interest in real property not held in trust, outside of the service area, except for the lease or rental of a residence. (4) No unpaid obligations totaling $5,000 have been made or assumed by either or both persons after the date of the marriage, except the unpaid balance of an automobile and of a student loan. 8 • Siletz News • April 2014 (1) To return the surname of either party to their surname before the marriage; (2) To order either party to sign or deliver all necessary documents to effect the provisions of this decree. (b) Appearance: Entry of Final Judgment: Waiting Period: Notice: Not more than 90 days from the date of filing the Joint Petition for Dissolution of Marriage, one or both spouses may appear in the Tribal Court and an application for final judgment shall be entered, provided, the agreement for property division, and any child support appears to be fair. The final judgment shall return both spouses to the status of single, and shall permit either party to marry after the judgment has been entered. (c) Final Judgment as Final Decree: When entered, the Final Judgment shall document a final decree of the rights and obligations of both parties regarding prop- erty rights and child custody, support, and visitation as agreed, and shall document a waiver of the respective right to spousal support. See Dissolution, continued on next page
