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Absentee-Shawnee Tribe of Indians of Oklahoma

 


Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Civil Procedure
Chapter Eleven. Family Relations

Section 1101. Recording of Marriages and Divorces

All marriages and divorces including common law marriages, to which an Indian person is a party, whether consummated in accordance with the State law or in accordance with Tribal law or custom, shall be recorded in writing executed by both parties thereto within three (3) months at the office of the Clerk of the Tribal District Court in the marriage record and a copy thereof delivered to the Bureau of Indian Affairs agency of the jurisdiction in which either or both of the parties reside for the agency records.

Absentee Shawnee Civil Procedure Section 1101, AST CIV PRO Code Section 1101



Section 1102. Tribal Custom Marriage and Divorce

(a) Indians who desire to become married or divorced by the custom and common law of the Tribe shall conform to the custom and common law of the Tribe. Indians who assume or claim a divorce by Tribal common law and custom shall not be entitled to remarry until they have complied with the Tribal common law and remain separated for six (6) months as in the case of statutory divorces, nor until they have recorded such divorce at the office of the Clerk of the Tribal District Court with a copy delivered to the Bureau of Indian Affairs Agency for agency records.

(b) The validity of Indian custom marriage and divorce shall continue to be recognized as heretofore, recognized by the Absentee Shawnee Tribe.

(c) In any case wherein the martial status of an Indian person is at issue, the Court shall have full authority to determine the marital status of the parties to any purported Tribal common law marriage or divorce and enter its declaratory judgment thereon.

Absentee Shawnee Civil Procedure Section 1102, AST CIV PRO Code Section 1102



Section 1103. Tribal Custom Adoption

Tribal Custom Adoptions shall continue to be recognized and shall be fully recognized by the Court, without the necessity of filing any document, when proven for the purpose of establishing extended family status in child custody actions, determining child custody, the obligation to support children, and other family matters. However, Tribal common law adoptions shall not be recognized for the purpose of probate of decedent's estates unless, prior to the death of the decedent, the common law adoption was formalized by action of the Tribal Court, or in the case of adults, by a writing acknowledging such adoption filed in the Tribal Court. A Tribal Common law adoption as a child of another does not terminate parental rights of the parents, nor deprive the natural parents of their ultimate right to the custody of child who is adopted by another pursuant to the Tribal common law.

Absentee Shawnee Civil Procedure Section 1103, AST CIV PRO Code Section 1103

        



Section 1104. Determination of Paternity and Support

The Tribal District Court shall have jurisdiction of all suits brought to determine the paternity of a child and to obtain a judgment for the support of the child. A judgment of the Court establishing the identity of the father of the child shall be conclusive of that fact in all subsequent determinations of inheritance by the Department of the Interior or by the Tribal District Court.

Absentee Shawnee Civil Procedure Section 1104, AST CIV PRO Code Section 1104



Section 1105. Determination of Heirs

(a) When any member of the Tribe dies within the Tribal jurisdiction or while owning a non-trust interest in land within the Tribal jurisdiction, leaving property other than an allotment or other trust property subject to the jurisdiction of the United States, any person claiming to be an heir of the decedent and may bring a suit in the Tribal District Court to determine the heirs of the decedent and to divide among the heirs such property of the decedent. No determination of heirs shall be made unless all the possible heirs known to the Court, to the superintendent of the Indian Agency, and to the claimant have been notified of the suit as in service of summons and given full opportunity to come before the Court and defend their interests. Possible heirs who are not residents of the Tribal jurisdiction may be notified by certified mail, return receipt requested, and if said notice is returned refused or otherwise unclaimed, by further first class mail containing a copy of the original notice and an additional notice stating to the recipient that the action will proceed ten days after mailing of the second notice. A copy of every such notice must be preserved in the record of the case.

(b) In the determination of heirs the Tribal District Court shall apply the written laws of the Tribe or the custom of the Tribe as to inheritance if such custom is proved and no written law exists. Otherwise, the Court shall apply State law in deciding what relatives of the decedent are entitled to be his heirs.

(c) Where the estate of the decedent includes any interest in restricted allotted lands or other property held in trust by the United States, over which the administrative law judge would have jurisdiction, the Tribal District Court may distribute only such property as does not come under the jurisdiction of the administrative law judge.

Absentee Shawnee Civil Procedure Section 1105, AST CIV PRO Code Section 1105

        



 

Section 1106. Approval of Wills

When any member of the Tribe dies while domiciled within the Tribal jurisdiction or while owning a non-trust interest in land within the Tribal jurisdiction, leaving a will disposing of property other than an allotment or other trust property subject to the jurisdiction of the United States, the Tribal District Court shall, at the request of any person named in the will or any other interested party, determine the validity of the will after giving notice and full opportunity to appear in Court to all persons who might be heirs of the decedent, as under the preceding section. A will shall be deemed valid if the decedent had a sane mind and understood what he was doing when he made the will and was not subject to any undue influence of any kind from another person, and if the will was made in accordance with Tribal law or custom or made in writing and signed by the decedent in the presence of two witnesses who also sign the will. If the Court determines the will to be validly executed, it shall order the property described in the will to be given to the persons named in the will or to their heirs; but no distribution of property shall be made in violation of a Tribal law or proven Tribal custom which restricts the privilege of Tribal members to distribute property by will.

Absentee Shawnee Civil Procedure Section 1106, AST CIV PRO Code Section 1106



Section 1111. Grounds for Divorce

The District Court may grant a divorce for any of the following causes:

(a) Abandonment for one (1) year.

(b) Adultery.

(c) Impotency.

(d) When the wife at the time of her marriage, was pregnant by another than her husband.

(e) Extreme cruelty.

(f) Fraudulent contract.

(g) Incompatibility.

(h) Habitual drunkenness.

(i) Gross neglect of duty.

(j) Imprisonment of the other party in a State or Federal penal institution under sentence thereto for the commission of a felony at the time the petition is filed.

(k) Insanity for a period of five years. The fact and duration of insanity being proved by the testimony of two physicians. Such divorce does not relieve the sane spouse from the obligation and support and shall not be granted unless a guardian has been appointed.

Absentee Shawnee Civil Procedure Section 1111, AST CIV PRO Code Section 1111



Section 1112. Residence of Plaintiff or Defendant

Either the plaintiff or the defendant in an action for divorce must have been an actual resident, in good faith, of the Tribal jurisdiction for three (3) months next preceding the filing of the petition, or a member of the Tribe.

Absentee Shawnee Civil Procedure Section 1112, AST CIV PRO Code Section 1112



Section 1113. Personal Jurisdiction

The Court may exercise personal jurisdiction over a person, whether or not a resident of the Tribal jurisdiction who lived within the Tribal jurisdiction in a marital or parental relationship, or both, as to all obligations for alimony and child support where the other party to the martial relationship continues to reside in the Tribal jurisdiction. When the person who is subject to the jurisdiction of the Court has departed from the Tribal jurisdiction he may be served outside of the Tribal jurisdiction by any method that is authorized by the statutes of the Tribe. In all other cases, the Court may grant a divorce but may not enter a personal judgment for alimony or child support.

Absentee Shawnee Civil Procedure Section 1113, AST CIV PRO Code Section 1113



Section 1114. Custody of Children, Disposition of Property

That the parties appear to be in equal wrong shall not be a basis for refusing to grant a divorce. If a divorce is granted it shall be granted to both parties. In any such case or where the Court grants alimony without a divorce or in any case where a divorce is refused, the Court may for good cause shown make such order as may be proper for the custody, maintenance and education of the children, and for the control and equitable division and disposition of the property of the parties, or of either of them, as may be proper, equitable and just, having due regard to the time and manner of acquiring such property, whether the title thereto be in either or both of said parties. In making a property settlement, the Court shall have due regard for the needs of the family and justice to the parties.

Absentee Shawnee Civil Procedure Section 1114, AST CIV PRO Code Section 1114



Section 1115. Orders Concerning Property, Children, Support and Expenses

After a petition has been filed in an action for divorce and alimony, or for alimony alone, the Court may make and enforce by attachment or otherwise, such order to restrain the disposition of the property of the parties or of either of them, and for the use, management, and control thereof, or for the control of the children and support of the wife or husband during the pendency of the action, as may be right and proper; and may also make such order relative to the expenses of the suit as will insure an efficient preparation of the case; and, on granting a divorce the Court may require the husband or wife to pay such reasonable expenses of the other in the prosecution or defense of the action as may be just and proper considering the respective parties and the means and property of each; provided further, that the Court may in its discretion make additional orders relative to the expenses of any such subsequent actions, brought by the parties or their attorneys, for the enforcement or modification of any interlocutory or final orders in the divorce action made for the benefit of either party or their respective attorneys. Provided, no ex parte orders shall be issued until the opposing party is granted an opportunity to be heard, unless such ex parte order provides that instead of performing thereunder the opposing party may appear on a date certain, not more than twenty (20) days thereafter, and show good cause as to why he should not comply with said order.

Absentee Shawnee Civil Procedure Section 1115, AST CIV PRO Code Section 1115



Section 1116. Care and Custody of Children

A petition or cross petition for a divorce, legal separation, or annulment must state whether or not the parties have minor children of the marriage. If there are such children, the Court shall make provision for guardianship, custody, support and education of the minor children, and may modify or change any order in this respect, whenever circumstances render such change proper either before or after final judgment in the action.

Any child, not emancipated and declared an adult by Court order, shall be entitled to support by the parents until the child reaches eighteen (18) years of age. If the Court determines that the parents are unable to provide for the support of the children, it may order any person obligated to support the children by the Tribal common law to be brought into the action by service of summons, and may enter an order requiring said person to contribute to the support of the children within their means.

Absentee Shawnee Civil Procedure Section 1116, AST CIV PRO Code Section 1116



Section 1117. 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. Provided, however, the Court shall not be bound by that choice and may take other facts into consideration in awarding custody.

Absentee Shawnee Civil Procedure Section 1117, AST CIV PRO Code Section 1117



Section 1118. Paternity Determination

In an action for a divorce, legal separation or annulment where there are children born to the parties, the Court may determine if the parties to the action are the parents of the children, although the Court finds that the parties are not married; and if the parties to the action are the parents of the children, the Court may determine which party should have custody of said children, and it may award child support to the parent to whom it awards custody, and make an appropriate order for payment of costs and attorney's fees.

Absentee Shawnee Civil Procedure Section 1118, AST CIV PRO Code Section 1118



Section 1119. Interest on Delinquent Payments

When ordered by the Court, court ordered child support payments and court ordered payments of suit monies shall draw interest at the rate of ten percent (10%) per year from the date they become delinquent, and the interest shall be collected in the same manner as the payments upon which the interest accrues.

Absentee Shawnee Civil Procedure Section 1119, AST CIV PRO Code Section 1119



Section 1120. Restoration of Wife's Maiden Name

When a divorce is granted, the wife shall be restored to her maiden or former name if she so desires.

Absentee Shawnee Civil Procedure Section 1120, AST CIV PRO Code Section 1120



Subchapter A. Statutory Divorce
Section 1121. Disposition of Property

The Court shall enter its decree confirming in each spouse the property owned by him or her before marriage and the undisposed of property acquired after marriage by him or her in his or her own right. Either spouse may be allowed such alimony out of real and personal property of the other as the Court shall think reasonable, having due regard to the value of such property at the time of the divorce. Alimony may be allowed from real or personal property, or both, or in the form of money judgment, payable either in gross or in installments, as the Court may deem just and equitable. As to such property, whether real or personal, which has been acquired by the parties jointly during their marriage, whether the title thereto be in either or both of said parties, the Court shall make such division between the parties as may appear just and reasonable, by a division of the property in kind, or by setting the same apart to one of the parties, and requiring the other thereof to pay such sum as may be just and proper to effect a fair and just division thereof having due regard to the needs of the family. The Court may set apart a portion of the separate estate of a spouse to the other spouse for the support of the children of the marriage where custody resides with that spouse.

Absentee Shawnee Civil Procedure Section 1121, AST CIV PRO Code Section 1121



Subchapter A. Statutory Divorce
Section 1122. 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.

Absentee Shawnee Civil Procedure Section 1122, AST CIV PRO Code Section 1122



Subchapter A. Statutory Divorce
Section 1123. Remarriage and Cohabitation

It shall be unlawful for either party to an action for divorce whose former husband or wife is living to marry a person other than the divorced spouse within six (6) months from date of the decree of divorce or to cohabit with such other person during said period and if an appeal be commenced from said decree, it shall be unlawful for either party to such cause to marry any other person and cohabit with such person until the expiration of thirty (30) days from the date on which final judgment shall be rendered pursuant to such appeal. Any person violating the provisions of this section by such marriage shall be deemed guilty of bigamy. Any person violating the provisions of this section by such cohabitation shall be deemed guilty of adultery.

An appeal from a judgment granting or denying a divorce shall be made in the same manner as in any other civil case.

Absentee Shawnee Civil Procedure Section 1123, AST CIV PRO Code Section 1123

Subchapter A. Statutory Divorce
Section 1124. Punishment for Certain Remarriage and Cohabitation

Every person convicted of bigamy as such offense is defined in the foregoing section shall be punished by imprisonment in the Tribal jail for a term of not more than six (6) months.

Absentee Shawnee Civil Procedure Section 1124, AST CIV PRO Code Section 1124

      

 

Subchapter A. Statutory Divorce
Section 1125. Remarriage Within Six Months

A marriage wherein one of the parties had not been divorced for six (6) months shall hereafter be ground for annulment of marriage by either party.

Absentee Shawnee Civil Procedure Section 1125, AST CIV PRO Code Section 1125

 

Subchapter A. Statutory Divorce
Section 1126. Time When Judgment Final

Every decree of divorce shall recite the day and date when the judgment was rendered. If an appeal be taken from a judgment granting or denying a divorce, that part of the judgment does not become final and take effect until the appeal is determined. If an appeal be taken from any part of the judgment in a divorce action except the granting of the divorce, the divorce shall be final and take effect from the date the decree of divorce is rendered, provided neither party thereto may marry another person until six (6) months after the date the decree of divorce is rendered; that part of the judgment appealed shall not become final and take effect until the appeal be determined.

Absentee Shawnee Civil Procedure Section 1126, AST CIV PRO Code Section 1126



 

Subchapter A. Statutory Divorce
Section 1127. Avoidance of Marriage of Incompetents

When either of the/parties to a marriage shall be incapable, from want of age or understanding, of contracting such marriage, the same may be declared void by the District Court, in an action brought by the incapable party or by the parent or guardian of such party; but the children of such marriage begotten before the same is annulled, shall be legitimate. Cohabitation after such incapacity ceases, shall be a sufficient defense to any such action.

Absentee Shawnee Civil Procedure Section 1127, AST CIV PRO Code Section 1127



 

Subchapter A. Statutory Divorce
Section 1128. Alimony Without Divorce

The wife or husband may obtain alimony from the other without a divorce, in an action brought for that purpose in the District Court, for any of the causes for which a divorce may be granted. Either may make the same defense to such action as he might to an action for divorce, and may, for sufficient cause, obtain a divorce from the other in such action.

Absentee Shawnee Civil Procedure Section 1128, AST CIV PRO Code Section 1128



 

Subchapter A. Statutory Divorce
Section 1129. Evidence

No divorce shall be granted without proof taken upon the record as in other cases.

Absentee Shawnee Civil Procedure Section 1129, AST CIV PRO Code Section 1129



 

Subchapter A. Statutory Divorce
Section 1130. Setting Aside of Divorce Decrees

When a decree of divorce has been issued by the District Court, said Court is hereby authorized to dissolve said decree at any future time, provided that both parties to the divorce action file a petition, signed by both parties, asking that said decree be set aside and held for naught. And further provided that both parties seeking to have the decree set aside shall make proof to the Court that neither one has married a third party during the time since the issuance of the decree of divorce.

Absentee Shawnee Civil Procedure Section 1130, AST CIV PRO Code Section 1130

      



 

Subchapter A. Statutory Divorce
Section 1131. Termination of Money Payments

(a) In any divorce decree which provides for periodic alimony payments, the Court shall plainly state, at the time of entering the original decree, what dollar amount of all or a portion of each such payment is designated as support, and what dollar amount of all or a portion of such payment is a payment pertaining to a division of property. Upon the death of the recipient, the payments for support, if not already accrued, shall terminate, but the payments pertaining to a division of property shall continue until completed; and the decree shall so specify. The payments pertaining to a division of property shall be irrevocable. Upon the presentation of proper proof of death of such recipient, the Court shall order the judgment for the payment of support to be terminated, and the lien thereof released unless a proper claim shall be made for any amount of past due support payments by any executor, administrator or her within ninety (90) days from the date of death of the recipient. The Court shall also provide in the divorce decree that any such payment of support shall terminate after remarriage of the recipient, unless the recipient can make a proper showing that some amount of support is still needed and that circumstances have not rendered payment of the same inequitable. Provided however, that unless the recipient shall commence an action for such determination within ninety (90) days of the date of such remarriage, the Court shall, upon proper application, order the payment of support terminated and the lien thereof discharged.

(b) An order for continuing the payments of support shall not be a lien against the real property of the person ordered to make such payments unless the Court order specifically provides for a lien on real property or an arrearage in such payments of support has been reduced to a judgment.

(c) The voluntary cohabitation of a former spouse with a member of the opposite sex shall be a ground to modify provisions of a final judgment or order for alimony as support. If voluntary cohabitation is alleged in a motion to modify the payment of support, the Court shall have jurisdiction to reduce or terminate support payments upon proof of substantial change of circumstances relating to need for support or ability to support. As used herein, cohabitation shall mean the dwelling together continuously and habitually of a man and a woman who are in a private conjugal relationship not solemnized as a marriage according to law, or not necessarily meeting all the standards of a common law marriage. The petitioner shall make application for modification and shall follow notification procedures as used in other divorce decree modification actions.

Absentee Shawnee Civil Procedure Section 1131, AST CIV PRO Code Section 1131



 

Subchapter A. Statutory Divorce
Section 1132. Mailing of Alimony and Support Payments

If a judicial order, judgment or decree directs that the payment of child support, alimony, temporary support or any similar type of payment be made through the office of the Court Clerk, then it shall be the duty of the Court to transmit such payments to the payee by first class United States mail, if requested to do so by the payee. Such payments shall be mailed to the payee at the address specified in writing by the payee. In the event of a change in address of the payee it shall be the duty of the payee to furnish to the Court Clerk in writing the new address of the payee.

Absentee Shawnee Civil Procedure Section 1132, AST CIV PRO Code Section 1132



 

Subchapter A. Statutory Divorce
Section 1133. Modification of Decree

Notwithstanding that a decree of divorce has become final, the Court may modify its judgment relative to child support or alimony at any time in the interest of justice and equity, having due regard for the needs of the family or families of the parties, upon motion for modification filed in the original action and served with summons requiring an answer to said motion within twenty (20) days. Such motions shall be heard as if they were an independent proceeding and discovery may be had. The order of the Court determining the motion for modification shall be a final appealable order.

Absentee Shawnee Civil Procedure Section 1133, AST CIV PRO Code Section 1133



 

Subchapter A. Statutory Divorce
Section 1134. Effect on Common Law Divorce

This subchapter shall not be interpreted in derogation of the Tribal common law of Divorce, but is intended for use by those who prefer the statutory method of divorce or who cannot agree as to child custody and support, spousal support, property division, or other similar matters upon which agreement is necessary to effectuate a Tribal common law divorce.

Absentee Shawnee Civil Procedure Section 1134, AST CIV PRO Code Section 1134



 

Chapter Eleven. Family Relations
Subchapter B. Domestic Relations

GENERAL NOTES

Dec. 8, 2004 L-AS-04-72

 Absentee Shawnee Civil Procedure Ch. 11, Subch. B, Refs & Annos, AST CIV PRO Code Ch. 11, Subch. B, Refs & Annos



 

Subchapter B. Domestic Relations
Section 1135. Marriage: Validity Generally

A marriage between a man and a woman licensed, solemnized and registered as provided in this Act or valid in the jurisdiction where it was performed is valid within the Absentee Shawnee jurisdiction as defined by Article II of the Constitution of the Tribe.

Absentee Shawnee Civil Procedure Section 1135, AST CIV PRO Code Section 1135



 

Subchapter B. Domestic Relations
Section 1136. Recognition of Previous and Existing Marriages

Marriages consummated prior to the adoption of this Code, which are valid under the laws of the jurisdiction where and when performed, are valid within the jurisdiction of the Absentee Shawnee Tribe.

Absentee Shawnee Civil Procedure Section 1136, AST CIV PRO Code Section 1136



 

Subchapter B. Domestic Relations
Section 1137. Validation of Previous Marriages

Marriages of members of the Absentee Shawnee, not performed by church, state or tribal custom ceremony, 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. Parties to such marriages may obtain a marriage certificate upon proof to the clerk by affidavit or otherwise of the validity of their marriage, and payment of the $5.00 fee.

Absentee Shawnee Civil Procedure Section 1137, AST CIV PRO Code Section 1137



 

Subchapter B. Domestic Relations
Section 1138. Procedure for Judgment of Validity

1. Any Absentee Shawnee claiming that his/her marriage was validated by Section 1137 of this Subchapter, may file a petition for a judgment declaring that such marriage was so validated. The petition will include:

a. The Signature of petitioner's spouse or the naming of the alleged spouse as defendant in the suit and provide that proper notice to named defendant be issued.

b. If the petitioner's spouse in such alleged marriage is not known to the petition to be living, the petitioner must prove to the satisfaction of the Court that such spouse is dead or has been absent for 5 successive years, without being known to the petitioner within that time to be living or the petition shall be dismissed.

2. If the petitioner, having complied with subsection (a) and (b) 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 the effective date of this Code 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.

3. In cases where a child whose parents are deceased contends that such parents' marriage was validated by Section 1138. Of this Subchapter, such child may file a petition in any Court of the Absentee Shawnee 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 prior to the effective date of this Code, 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.

Absentee Shawnee Civil Procedure Section 1138, AST CIV PRO Code Section 1138

 

Subchapter B. Domestic Relations
Section 1139. Defect in Ceremony

All marriages of Absentee Shawnee Indians which have been recorded in the Agency office in Anadarko, Oklahoma, 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 valid for any reason other than defect in ceremony.

Absentee Shawnee Civil Procedure Section 1139, AST CIV PRO Code Section 1139



 

Subchapter B. Domestic Relations
Section 1140. Marriage License

1. No marriage shall be performed under authority of this Code unless the parties have first obtained a marriage license from the Clerk of the Absentee Shawnee Court.

2. Upon payment of the five dollar ($5.00) fee and completing a required application, the Clerk shall issue a marriage license to persons who appear entitled to be married as provided in this Subchapter.

3. The Clerk shall maintain a record of all marriage licenses and certificates issued.

4. The marriage license, properly endorsed by the person performing the marriage, shall be returned to the Clerk who shall issue a marriage certificate to the parties.

Absentee Shawnee Civil Procedure Section 1140, AST CIV PRO Code Section 1140



 

Subchapter B. Domestic Relations
Section 1141. Persons Who May Marry

The Absentee Shawnee Tribe will issue a marriage license to applicants who meet the following qualifications which shall be certified in an application for the marriage license.

1. Both applicants are unmarried, and if either or both parties was previously married, his/her full name and the date, place and court in which the marriage was dissolved or declared invalid or the date and place of death of the former spouse.

2. Both applicants are at least fourteen (14) years old and, if over fourteen (14) years of age, but less than eighteen (18) years of age, has the written consent of his parents or guardian, properly notarized, to marry.

3. One of the applicants is an enrolled member of the Absentee Shawnee Tribe.

4. Both applicants are unrelated to each other. “Unrelated” means not a father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter, aunt, uncle, nephew, niece, brother, sister or first cousin.

Absentee Shawnee Civil Procedure Section 1141, AST CIV PRO Code Section 1141



 

Subchapter B. Domestic Relations
Section 1142. Who May Perform Marriages

A marriage may be solemnized by a recognized clergyman, or a person recognized by his religion as having authority to marry, or judge of the Absentee Shawnee Tribe, only after issuance of a license.

Absentee Shawnee Civil Procedure Section 1142, AST CIV PRO Code Section 1142



 

Subchapter B. Domestic Relations
Section 1143. Marriage Ceremony

No particular form of marriage ceremony is required provided, however, that the persons to be married must declare in the presence of the person performing the ceremony and at least two (2) witnesses, that they take each other as husband and wife, and he must thereafter declare them to be husband and wife.

Absentee Shawnee Civil Procedure Section 1143, AST CIV PRO Code Section 1143



 

Subchapter B. Domestic Relations
Section 1144. Void and Voidable Marriages

1. Marriages between an ancestor and his descendant, between brothers and sisters, of the half as well as the whole blood, between an uncle and his niece or aunt and her nephew, or between first cousins are void from the beginning, whether or not the degree of relationship is legitimate or illegitimate, or by adoption.

2. Marriage between a person who is at the time of the marriage married to another person, still living, are void, provided, however, that such marriages will be considered valid until ruled otherwise by a court of competent jurisdiction if the party previously married:

a. actually believed in good faith that the prior marriage had been dissolved as a result of divorce or annulment; or

b. actually believed, in good faith, that his/her spouse was dead.

3. When a marriage is contracted in good faith and in the belief that it is a valid marriage, the issue of such marriage born or conceived prior to the voiding or receiving notice of the invalidity of the marriage for any reason shall be the legitimate issue of both parents.

4. If either party to a marriage is incapable as a result of some physical cause at the time of the marriage to enter into the marital state and such cause appears to be permanent, or if the consent of either party to marry was obtained by force or fraud, the marriage is voidable.

Absentee Shawnee Civil Procedure Section 1144, AST CIV PRO Code Section 1144



 

Subchapter B. Domestic Relations
Section 1145. Annulment. Grounds of Annulment

A marriage may be annulled for any of the following causes existing at the time of marriage:

1. That the party in whose behalf it is sought to have the marriage annulled, was under the age of eighteen (18) years, and such marriage was contracted without the consent of his or her parents or guardian, or persons having charge of him or her, unless, after attaining the age of consent, such party freely cohabits with the other as husband or wife;

2. That the former husband or wife of either party was living, and the marriage with such former husband or wife was then in force;

3. That either party was of unsound mind, unless such party, after coming into reason, freely cohabited with the other as husband or wife;

4. That the consent of either party was obtained by fraud, unless such party afterward, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

5. That the consent of either party was obtained by force, unless such party afterwards freely cohabited with the other as husband and wife; or

6. Impotence which continues and appears to be incurable.

Absentee Shawnee Civil Procedure Section 1145, AST CIV PRO Code Section 1145



 

Subchapter B. Domestic Relations
Section 1146. Action to Annul--Parties and Limitations

An action to obtain a decree of annulment of a marriage, for causes mentioned in the preceding section, must be commenced within the periods and by the parties as follows:

1. For causes mentioned in subsection 1., by the party to the marriage who was married under the age of legal consent within two (2) years after arriving at the age of consent, or by a parent, guardian, or other person having charge of such minor male or female, at any time before such married minor has arrived at the age of legal consent;

2. For causes mentioned in subsection 2., by either party during the life of the other, or by such former husband or wife;

3. For causes mentioned in subsection 3., by the party injured, or relative or guardian of the party of unsound mind, at any time before the death of either party;

4. For causes mentioned in subsection 4., by the party injured, within two (2) years after the discovery of the facts constituting a fraud;

5. For causes mentioned in subsection 5., by the injured party within two (2) years after the marriage.

Absentee Shawnee Civil Procedure Section 1146, AST CIV PRO Code Section 1146



 

Subchapter B. Domestic Relations
Section 1147. Conclusiveness of Judgment of Annulment

A judgment of annulment of a marriage is conclusive only as against the parties to the action and those claiming under them.

Absentee Shawnee Civil Procedure Section 1147, AST CIV PRO Code Section 1147


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