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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Title 6. Family Relations
Chapter 2. Marriage

Section A. Jurisdiction

Section B. Definition

Section C. Who May Marry

Section D. Marriage Requirements

Section E. Validity of Marriages

Section F. Annulment

LLOjibwe JCT6 FRC Ch. 2, § A
Section A. Jurisdiction

The Leech Lake Band of Ojibwe through its Tribal Court shall have jurisdiction over all marriages licensed and performed within its exterior reservation boundaries. The Leech Lake Tribal Court shall have jurisdiction over all tribal members regardless of residence or domicile.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 2, § A, LLOjibwe JCT6 FRC Ch. 2, § A

 




LLOjibwe JCT6 FRC Ch. 2, § B
Section B. Definition

Marriage is a personal relationship arising out of a civil contract requiring the consent of the parties or their guardians as provided in Section C(1) of this chapter. The parties shall be capable of contracting, shall obtain a license and shall have the marriage solemnized by one authorized to perform such ceremonies.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 2, § B, LLOjibwe JCT6 FRC Ch. 2, § B

 




LLOjibwe JCT6 FRC Ch. 2, § C
Section C. Who May Marry

(1) Age Limit.

No person under the age of eighteen (18) years of age on the date of the proposed marriage may marry without the written consent of both parents or one parent who possesses sole legal custody. If no such person is living the consent of a guardian or other legal custodian may be substituted. If no such person exists a guardian or legal custodian may be appointed by the Court to consider the request.

(2) Blood Relationship.

Marriages are prohibited by persons related by blood as mother, father, sister, brother, aunt, uncle, niece, nephew or first cousin whether the relationship is by the half or the whole blood.

(3) Competency of Persons Marrying.

No person declared incompetent by any court may marry without the consent of the person's parent or legal guardian.

(4) Persons Already Married.

No person who is already married in this or in any other jurisdiction may be licensed to marry in the jurisdiction of the Leech Lake Band of Ojibwe except as provided in subsection (5) below.

(5) Absent Spouse Provision.

A person who is already married but whose spouse has been absent for five (5) consecutive years may marry if she or he obtains a judicial determination that there has been an irretrievable breakdown of the marriage pursuant to Section 4C below and obtains a dissolution by default. A judge of the Leech Lake Tribal Court shall conduct a hearing, make a finding and issue an order after considering such a request. Notice of the scheduled hearing shall be published in two consecutive issues of an appropriate newspaper prior to conducting the hearing. The hearing shall be held no sooner than thirty (30) days after the final date of publication.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 2, § C, LLOjibwe JCT6 FRC Ch. 2, § C




LLOjibwe JCT6 FRC Ch. 2, § D
Section D. Marriage Requirements

(1) License Requirement

Prior to solemnizing a marriage, any persons wishing to marry pursuant to the jurisdiction of the Leech Lake Band of Ojibwe shall:

(a) Obtain a marriage license from the Clerk of the Leech Lake Tribal Court by paying a reasonable fee set by the Chief Judge; and

(b) Affirm that they meet the requirements set out in Section C above.

(2) Methods of Contracting Marriage.

Persons within the jurisdiction of the Leech Lake Band of Ojibwe may contract marriage by declaring in the presence of at least two witnesses who shall sign a declaration that they take each other to be married. The recognition and signed declaration of witnesses shall constitute validation of the marriage if all other license requirements have been satisfied by the couple. The wedding may be conducted according to the rites of any religion, by any Leech Lake Tribal Court judge or Leech Lake Tribal Council member.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 2, § D, LLOjibwe JCT6 FRC Ch. 2, § D




LLOjibwe JCT6 FRC Ch. 2, § E
Section E. Validity of Marriages

(1) Valid Marriages.

Valid marriages are those that comply with this chapter. A valid dissolution decree is necessary to terminate a valid marriage absent death or annulment.

(2) Voidable Marriages.

Voidable marriages are those in which the elements of Section C(1) are met. Either party to a voidable marriage may have the marriage annulled by filing a motion with the Leech Lake Tribal Court and having said motion granted. Annulment of a marriage means that for all legal purposes the marriage never existed.

(3) Void Marriages.

Any person may request a declaration from the Leech Lake Tribal Court that a marriage is void on the grounds that the provisions of Section C(2), (3) or (4) are met. Marriages which violate one or more of these requirements are void without any decree of divorce or other legal proceedings.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 2, § E, LLOjibwe JCT6 FRC Ch. 2, § E




LLOjibwe JCT6 FRC Ch. 2, § F
Section F. Annulment

(1) Grounds for Annulment

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

(a) That the party on whose behalf an annulment is sought was under the age of 18 years at the time such marriage was contracted or the marriage was contracted without the consent of the person's parents or guardian if under said age;

(b) That the consent of either party was obtained by fraud, unless such party afterward, with full knowledge of the facts constituting the fraud, freely cohabitated with the other as husband or wife; or

(c) That the consent of either party was obtained by force.

(2) Action to Annul or Declare Marriage Void

An action to obtain a decree of annulment of a marriage or a declaration that a marriage is void shall be commenced and the complaint shall be filed and proceedings had as in proceedings for dissolution. Upon due proof of the nullity of the marriage, it shall be adjudged null and void. The provisions of this chapter and Chapter 4 below relating to the property rights of spouses, maintenance, support and custody of children upon dissolution of the marriage are applicable to proceedings for annulment.

(3) Annulment or Declaration--When to Bring

An annulment may be sought by any of the following persons and must be commenced within the times specified, but in no event may an annulment or declaration be sought after the death of either party to the marriage.

(a) For the reason set forth in Section C(1) by either the party or the legal representative of the party who lacked capacity to consent, no later than 90 days after the petitioner obtained knowledge of the marriage;

(b) For the reason set forth in Section C(2) by either party or the legal representative of either party no later than one year after the petitioner became aware of the alleged fraud or mistake;

(c) For the reason set forth in Section C(3) or (4) by either the injured party or the legal representative of the injured party no later than two years after the marriage.

(4) Hearing

The Court shall hold a hearing and issue a declaration that a marriage is void and provide the basis for such a declaration.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 2, § F, LLOjibwe JCT6 FRC Ch. 2, § F

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