Chapter
X - DIVORCE
1001. JURISDICTION OF THE TRIBAL COURT. A judgment of
divorce shall not be granted by the Tribal Court in an action for divorce
unless the
defendant has resided within the exterior boundaries of the reservation
of the Bay Mills Indian Community for 180 days immediately proceeding
the filing of the complaint.
1002. GROUNDS, PLEADING,JUDGMENT.
A. A
complaint for divorce may be filed in the Tribal Court upon the allegation
that there has been a breakdown of the marriage relationship to the
extent that the objects of matrimony have been destroyed and there
remains no reasonable likelihood that the marriage can be preserved.
In the complaint, the plaintiff shall make no other explanation of
the grounds for divorce other than the use of the above language.
B. The defendant, by answer, may either admit the grounds for divorce
alleged or deny them without further explanation. An admission by
the defendant is not binding on the Court's determination.
C. The
Tribal Court shall enter a judgment dissolving the bonds of matrimony
if evidence is presented in open court that there has been a breakdown
in the marriage relationship to the extent that the objects of matrimony
have been destroyed and there remains no reasonable likelihood that
the marriage can be preserved.
1003. HEARING ON COMPLAINT FOR DIVORCE.
A. No
testimony shall be taken in any case for divorce until the expiration
of sixty (60) days from the time of filing the complaint.
B. In
any case in which there are dependent children under the age of eighteen
(18) years, no testimony shall be taken until the expiration of six
(6) months from the day the complaint is filed. In cases of unusual
hardship or such compelling necessity as shall appeal to the conscience
of the Court, upon filing a petition requesting a hearing before the
expiration of the six-month period, the Court may take testimony at
any time after the expiration of sixty (60) days from the filing of
the complaint for divorce.
1004. POWERS OF THE TRIBAL COURT PENDING HEARING. Upon
the petition of either party in a divorce action, the Tribal Court may
enter orders upon the following matters:
A. It
may require either party to pay such sums as shall be deemed necessary
to conserve any real or personal property owned by the parties, or
either of them, during the pendency of the suit;
B. It
may make such order concerning the care and custody of the minor children
of the parties and their suitable maintenance as shall be deemed just,
proper and necessary for their benefit.
1005. ALIMONY.
A. In
every suit for divorce, the Court may require either party to pay
alimony for the suitable maintenance of the adverse party.
B. An
award of alimony may be terminated by the Court as of the date the
party receiving alimony remarries unless a contrary agreement is specifically
stated in the judgment of divorce.
1006. THE CUSTODY OF MINOR CHILDREN; SUPPORT.
A. The
Court shall have jurisdiction to award custody of the minor children
of the marriage to one of the parties or to a third person until each
child has attained the age of eighteen (18) years and may require
either parent to pay such allowance as may be deemed proper for the
support of each child shall have attained that age and, in exceptional
circumstances, require payment of such an allowance for any child
after he/she attains that age.
B. The
Tribal Court may, on petition of either of the parents, revise and
alter such decree concerning the care, custody, and maintenance of
the children, or any of them and make a new decree concerning them,
as the circumstances of the parents, and/ or the benefit of the children
shall require.
1007. REAL AND PERSONAL PROPERTY. Upon a divorce from
the bonds of matrimony, the Court may make a further judgment for restoring
to either party the whole, or such parts as it shall deem just and reasonable,
of the real and personal property that shall have come to either party
by reason of the marriage, or for awarding to either party by reason
of the marriage, or for awarding to either party the value thereof,
to be paid by either party in money.
1008. FAILURE TO COMPLY WITH COURT ORDER. When either
party to a divorce proceeding shall fail willfully to comply with an
order of the Tribal Court, the other party may me a petition with the
Court alleging such failure. The Court shall then issue notice to the
party against when such petition is made, which shall include a copy
of the petition, and setting a date for hearing upon the petition. At
the hearing, the Court shall take testimony as to the alleged failure
to comply with its order, and issue any order which it shall deem just
and proper under the circumstances. In any case in which the party alleged
to be in violation of a Court order does not appear to explain his/her
actions, the Court shall not issue any order which places that person
in jeopardy of his/her liberty.
1009. LEGITIMACY OF CHILDREN. The legitimacy, as that
term is defined under the laws of the State of Michigan, of all children
begotten before the commencement of any action for divorce shall be
presumed, unless and until the contrary is shown. If legitimacy is an
issue in an action under this Chapter, any testimony shall be taken
in a closed session of the Tribal Court.
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