25 Cfr 11.606-607

§ 11.601

25 CFR Ch. I (4–1–08 Edition)

the laws of the State in which the Indian country under the jurisdiction of
the Court of Indian Offenses is located.

the influence of alcohol, drugs, or other
incapacitating substances; or
(2) A party was induced to enter into
a marriage by fraud or duress; or
(3) A party lacks the physical capacity to consummate the marriage by
sexual intercourse and at the time the
marriage was entered into, the other
party did not know of the incapacity;
or
(4) The marriage is prohibited under
§ 11.603.
(b) A declaration of invalidity may
be sought by either party to the marriage or by the legal representative of
the party who lacked capacity to consent.

§ 11.601 Marriage licenses.
A marriage license shall be issued by
the clerk of the court in the absence of
any showing that the proposed marriage would be invalid under any provision of this part or tribal custom, and
upon written application of an unmarried male and unmarried female, both
of whom must be eighteen (18) years or
older. If either party to the marriage is
under the age of eighteen (18), that
party must have the written consent of
parent or his or her legal guardian.
§ 11.602 Solemnization.
(a) In the event a judge, clergyman,
tribal official or anyone authorized to
do so solemnizes a marriage, he or she
shall file with the clerk of the court
certification thereof within thirty (30)
days of the solemnization.
(b) Upon receipt of the marriage certificate, the clerk of the court shall
register the marriage.

§ 11.605

§ 11.603 Invalid or prohibited marriages.
(a) The following marriages are prohibited:
(1) A marriage entered into prior to
the dissolution of an earlier marriage
of one of the parties;
(2) A marriage between an ancestor
and a descendant, or between a brother
and a sister, whether the relationship
is by the half or the whole blood;
(3) A marriage between an aunt and a
nephew or between an uncle and a
niece, whether the relationship is by
the half or the whole blood, except as
to marriages permitted by established
tribal custom;
(4) A marriage prohibited by custom
and usage of the tribe.
(b) Children born of a prohibited marriage are legitimate.

rfrederick on PROD1PC67 with CFR

Dissolution.

(a) The Court of Indian Offenses shall
enter a decree of dissolution of marriage if:
(1) The court finds that the marriage
is irretrievably broken, if the finding is
supported by evidence that (i) the parties have lived separate and apart for a
period of more than 180 days next preceding the commencement of the proceeding, or (ii) there is serious marital
discord adversely affecting the attitude
of one or both of the parties towards
the marriage;
(2) The court finds that either party,
at the time the action was commenced,
was domiciled within the Indian country under the jurisdiction of the court,
and that the domicile has been maintained for 90 days next preceding the
making of the findings; and
(3) To the extent it has jurisdiction
to do so, the court has considered, approved, or provided for child custody,
the support of any child entitled to
support, the maintenance of either
spouse, and the disposition of property;
or has provided for a separate later
hearing to complete these matters.
(b) If a party requests a decree of
legal separation rather than a decree of
dissolution of marriage, the Court of
Indian Offenses shall grant the decree
in that form unless the other party objects.

§ 11.604 Declaration of invalidity.
(a) The Court of Indian Offenses shall
enter a decree declaring the invalidity
of a marriage entered into under the
following circumstances:
(1) A party lacked capacity to consent to the marriage, either because of
mental incapacity or infirmity or by

§ 11.606

Dissolution proceedings.

(a) Either or both parties to the marriage may initiate dissolution proceedings.

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Bureau of Indian Affairs, Interior

§ 11.608

rfrederick on PROD1PC67 with CFR

(b) If a proceeding is commenced by
one of the parties, the other party shall
be served in the manner provided by
the applicable rule of civil procedure
and within thirty days after the date of
service may file a verified response.
(c) The verified petition in a proceeding for dissolution of marriage or
legal separation shall allege that the
marriage is irretrievably broken and
shall set forth:
(1) The age, occupation, and length of
residence within the Indian country
under the jurisdiction of the court of
each party;
(2) The date of the marriage and the
place at which it was registered;
(3) That jurisdictional requirements
are met and that the marriage is
irretrievably broken in that either (i)
the parties have lived separate and
apart for a period of more than 180 days
next preceding the commencement of
the proceeding or (ii) there is a serious
marital discord adversely affecting the
attitude of one or both of the parties
toward the marriage, and there is no
reasonable prospect of reconciliation;
(4) The names, age, and addresses of
all living children of the marriage and
whether the wife is pregnant;
(5) Any arrangement as to support,
custody, and visitation of the children
and maintenance of a spouse; and
(6) The relief sought.

restrained, requiring him or her to notify the moving party of any proposed
extraordinary expenditures made after
the order is issued;
(2) Enjoining a party from molesting
or disturbing the peace of the other
party or of any child;
(3) Excluding a party from the family
home or from the home of the other
party upon a showing that physical or
emotional harm would otherwise result;
(4) Enjoining a party from removing
a child from the jurisdiction of the
court; and
(5) Providing other injunctive relief
proper in the circumstances.
(c) The court may issue a temporary
restraining order without requiring notice to the other party only if it finds
on the basis of the moving affidavit or
other evidence that irreparable injury
will result to the moving party if no
order is issued until the time for responding has elapsed.
(d) A response may be filed within 20
days after service of notice of a motion
or at the time specified in the temporary restraining order.
(e) On the basis of the showing made,
the Court of Indian Offenses may issue
a temporary injunction and an order
for temporary maintenance or support
in amounts and on terms just and proper under the circumstances.
(f) A temporary order or temporary
injunction:
(1) Does not prejudice the rights of
the parties or the child which are to be
adjudicated at subsequent hearings in a
proceeding;
(2) May be revoked or modified before
the final decree as deemed necessary
by the court;
(3) Terminates when the final decree
is entered or when the petition for dissolution or legal separation is voluntarily dismissed.

§ 11.607 Temporary orders and temporary injunctions.
(a) In a proceeding for dissolution of
marriage or for legal separation, either
party may move for temporary maintenance or temporary support of a child
of the marriage entitled to support.
The motion shall be accompanied by an
affidavit setting forth the factual basis
for the motion and the amounts requested.
(b) As a part of a motion for temporary maintenance or support or by
an independent motion accompanied by
an affidavit, either party may request
the Court of Indian Offenses to issue a
temporary injunction for any of the
following relief:
(1) Restraining any person from
transferring, encumbering, concealing,
or otherwise disposing of any property
except in the usual course of business
or for the necessities of life, and, if so

§ 11.608 Final decree; disposition of
property; maintenance; child support; custody.
(a) A decree of dissolution of marriage or of legal separation is final
when entered, subject to the right of
appeal.
(b) The Court of Indian Offenses shall
have the power to impose judgment as

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