9.08.020 Dissolution of Marriage; Legal Separation

(a) The Turtle Mountain Tribal Court shall enter a decree of dissolution of marriage if:

(1) The Court finds that one of the parties at the time the action was commenced was domiciled within the Turtle Mountain Jurisdiction or was stationed within this jurisdiction while a member of the armed services, or the BIA and that the domicile or military presence has been maintained for ninety (90) days next preceding the making of the findings;

(2) The Court finds that the conciliation provisions of Section 9.08.050 of this Code, either do not apply or have been met;

(3) The Court finds that the marriage is irretrievably broken; and

(4) To the extent it has jurisdiction to do so, the Court has considered, approved, or made provision for child custody, the support of any child of the marriage entitled to support, the maintenance of either spouse, and the disposition of personal property.

(b) If a party requests a decree of legal separation rather than a decree of dissolution of marriage, the Court shall grant the decree in that form unless the other party objects.