Ponca Tribe of Nebraska Tribal Code
TITLE IV DOMESTIC RELATIONS
CHAPTER 3 DIVORCE AND SEPARATE MAINTENANCE
Section 4-3-1. Authority
Section 4-3-2. Divorce and Annulment Procedure
Section 4-3-3. Residence Requirements for Divorce, Annulment, or Separate Maintenance
Section 4-3-4. Waiting Period Before Trial of Divorce, Annulment or Separate Maintenance/Mediation
Section 4-3-5. Grounds for Divorce
Section 4-3-6. Limitations
Section 4-3-7. Automatic Temporary Restraining Order Upon Service-Modification or Revocation
Section 4-3-8. Temporary Alimony and Suit Money; Restraint
Section 4-3-9. Pleadings; Findings; Decree
Section 4-3-10. Irreconcilable Differences Defined
Section 4-3-11. Dissolution of Marriage; Legal Separation; Continuance-Orders During Continuance; Consent of Parties
Section 4-3-12. Use of Affidavits to Establish Jurisdiction and Grounds For Divorce
Section 4-3-13. Validation of Divorce Granted Without Personal Appearance
Section 4-3-14. Disposition of Property and Child Custody
Section 4-3-15. Custody of Children in Case of Separation
Section 4-3-16. Action For Separate Maintenance Without Divorce-Alimony and Support
Section 4-3-17. Restoration of Former Name to Wife; Validation of Prior Decrees
The Tribal Court shall have the authority to grant divorces to individuals who are residents within the territorial jurisdiction of the Ponca Tribe whether the marriage was consummated under marriage license issued by the Tribal Court Administrator or under any other proper civil authority.
Ponca Tribe of Nebraska Code § 4-3-1, PTN Code § 4-3-1
Except as otherwise specifically provided, proceedings in divorce and annulment shall be commenced and conducted in the manner provided for in this code for civil actions. A final decree of divorce shall restore the parties to the status of unmarried person.
Ponca Tribe of Nebraska Code § 4-3-2, PTN Code § 4-3-2
The plaintiff in an action for divorce, annulment or separate maintenance must, at the time the action is commenced, be a resident within the territorial jurisdiction of the Ponca Tribe of Nebraska, and in order that each party be entitled to the entry of a decree or judgment of divorce, annulment or separate maintenance, that residence must be maintained until the decree is entered.
Ponca Tribe of Nebraska Code § 4-3-3, PTN Code § 4-3-3
An action for divorce, annulment or separate maintenance shall not be heard, tried, or determined by the Tribal Court until at least thirty (30) days have elapsed from the completed service of the plaintiff's summons and complaint therein. During said waiting period the Court may issue all orders required in respect to temporary alimony, child support and child custody or to protect any of the parties of the action during the pendency thereof. During the waiting period the parties to the action may be required to attempt mediation to settle any issues including custody, visitation, child support, and property division. The mediator shall be selected by the parties with the approval of the court. The terms of the mediation, if any, shall not be binding upon the Court.
Ponca Tribe of Nebraska Code § 4-3-4, PTN Code § 4-3-4
A divorce may be granted for any of the following causes:
1. Irreconcilable differences;
3. Willful desertion of the Plaintiff by the Defendant for more than six (6) months;
4. Habitual drunkenness or drug incapacitation of the defendant for a period of at least one (1) year;
5. Conviction of a felony;
6. Extreme cruelty;
7. Permanent insanity of the defendant; provided, however, that no divorce shall be granted on this ground unless the defendant has been duly and regularly adjudicated insane by a court of competent jurisdiction and such insanity reasonably appears to be permanent; further no divorce shall be granted unless a guardian ad litem has been appointed to represent the defendant in the divorce proceedings.
Ponca Tribe of Nebraska Code § 4-3-5, PTN Code § 4-3-5
A divorce may be denied:
1. When the cause is adultery and the action is not commenced within one (1) year after its discovery by the injured party;
2. When the cause is conviction of an offense and the action is not commenced before the expiration of one (1) year after a pardon or the termination of the period of sentence; or
3. In all cases except irreconcilable differences, when there is unreasonable lapse of time before the commencement of the action, or two (2) years have passed since the grounds become, or should have become, known to the complaining party.
Ponca Tribe of Nebraska Code § 4-3-6, PTN Code § 4-3-6
Upon the filing of a summons and complaint for divorce or separate maintenance by the plaintiff, and upon personal service of the summons and complaint on the defendant, a temporary restraining order shall be in effect against both parties until the final decree is entered, the complaint dismissed, or until further order of the Court. The restraining order shall provide the following:
1. Restrain both parties from transferring, encumbering, concealing or in any way dissipating or disposing of any marital assets without the written consent of the other party or an order of the Court, except as may be necessary in the usual course of business or for the necessities of life, and requiring each party to notify the other party of any proposed extraordinary expenditures and to account to the Court for all extraordinary expenditures made after the temporary restraining order is in effect;
2. Restraining both parties from molesting or disturbing the peace of the other party; and
3. Restraining both parties from removing any minor child of the parties from the reservation without the written consent of the other party or an order of the Court.
The provisions of the temporary restraining order shall be printed upon the summons and shall become an order of the Court upon fulfillment of the requirements of service. However, nothing in this paragraph precludes either party from applying to the Court for any further relief or for the modification or revocation of any order.
Ponca Tribe of Nebraska Code § 4-3-7, PTN Code § 4-3-7
The Court may, after notice and hearing:
1. Order either party to pay to the Tribal Court Administrator for the benefit of the other party a sum of money for the separate support and maintenance of the adverse party and the children, and to enable such party to prosecute and defend the action;
2. Restrain either party from doing certain acts harmful to the other or to the children, or to the property of either, during the pendency of the divorce proceedings.
Ponca Tribe of Nebraska Code § 4-3-8, PTN Code § 4-3-8
The complaint shall be in writing and signed by the plaintiff. No decree of divorce shall be granted upon default or otherwise, except upon legal evidence taken in the case by the Court who shall make and file its findings and decree upon the evidence.
Ponca Tribe of Nebraska Code § 4-3-9, PTN Code § 4-3-9
Irreconcilable differences are those that are determined by the Court to be substantial reasons for not continuing the marriage, and which make it appear that the marriage should be dissolved.
Ponca Tribe of Nebraska Code § 4-3-10, PTN Code § 4-3-10
If, from the evidence at the hearing, the Court finds that there are irreconcilable differences that have caused the irremediable breakdown of the marriage, it shall order the dissolution of the marriage or a legal separation. If it appears that there is a reasonable possibility of reconciliation, the Court shall continue the proceeding for a period not to exceed thirty (30) days. During the period of the continuance, the Court may enter any order for the support and maintenance of the parties, the custody, support, maintenance and education of the minor children of the marriage, attorney fees and for the preservation of the property of the parties. At any time after the termination of the thirty (30) days period, either party may move for the dissolution of the marriage or a legal separation.
Ponca Tribe of Nebraska Code § 4-3-11, PTN Code § 4-3-11
In any action for divorce or separate maintenance in which the parties have consented to the use of irreconcilable differences, the Court may grant the divorce based on the affidavits of the parties establishing the requisite jurisdiction and grounds for the divorce or separate maintenance action without requiring their personal appearance.
Ponca Tribe of Nebraska Code § 4-3-12, PTN Code § 4-3-12
Any divorce or separate maintenance which has been granted without the personal appearance of a party is hereby legalized and validated.
Ponca Tribe of Nebraska Code § 4-3-13, PTN Code § 4-3-13
When a decree of divorce is granted, the Court shall make such orders in relation to the children, property and parties, and the maintenance of the parties and children by alimony and child support as may be equitable. Subsequent changes or new orders may be made by the Court with respect to the custody of the children or the distribution of property as shall be reasonable and proper upon notice of hearing.
Ponca Tribe of Nebraska Code § 4-3-14, PTN Code § 4-3-14
In any case of separation of husband and wife having minor children, or whenever a marriage is declared void or dissolved, the Court shall make such order for the future care and custody of the children, and the court shall consider the best interest of the child and the past conduct and demonstrated predictions of each of the parties. If the Court determines that the children are of sufficient age, the Court may inquire of the children and take into consideration the children's desires regarding the future custody; however, such expressed desires shall not be controlling and the Court may nevertheless determine the children's custody otherwise. The Court may at any time vacate or modify an order entered pursuant to this section.
Ponca Tribe of Nebraska Code § 4-3-15, PTN Code § 4-3-15
An action for separate maintenance may be maintained without request for divorce, upon any grounds that would be grounds for divorce, and in such cases the Court shall have power to award temporary alimony, custody, and support for the children of the parties.
Ponca Tribe of Nebraska Code § 4-3-16, PTN Code § 4-3-16
Whenever a decree of divorce is granted, the Trial Court may, in its discretion or upon the application of either party by the terms of the decree, restore to the woman her maiden name or the name she legally bore prior to her marriage to the husband in the divorce suit. All decrees of divorce previously entered restoring to the divorced woman her former name under this section are declared legal and valid and effective from their date of entry.
Ponca Tribe of Nebraska Code § 4-3-17, PTN Code § 4-3-17