[History: GTB Family Code, adopted by Tribal Council on March 25, 1998; and as amended by Tribal Council October 19, 1999; and by Tribal Council in Special Session on May 25, 2022.]
(a) 
"Alimony" is monetary support which one spouse pays the other spouse for maintenance while they are separated or after they are divorced.
(b) 
"Annulment" means the legal separation of two persons because it is established that a marital status never existed.
(c) 
"Divorce" means the legal separation of two persons, totally dissolving the marriage relation, effected by the judgment or decree of the court.
(d) 
"Emancipation" means termination of the rights of the parents to the custody, control, services and earnings of a minor.
(e) 
"Marriage" means the legal union of two persons to the exclusion of all others for life or until divorced.
(f) 
"Minor" means a person under the age of 18 years.
(g) 
"Parents" means natural parents, if married prior or subsequent to the minor's birth; adopting parents, if the minor has been legally adopted; the mother, if the minor is illegitimate; the child's reputed blood parent who has expressly acknowledged paternity and makes a meaningful contribution to support the child; or a guardian by judicial decree.
(h) 
A "Traditional Indian Marriage" means a marriage performed by an Indian person who claims the authority to solemnize and formalize marriages between Indian persons in accordance with commonly accepted Indian customs and traditions of any recognized Indian Tribe by accepted Indian customs and traditions of any recognized Indian Tribe by virtue of such person's status as a medicine man or Indian spiritual leader.
[History: GTB Family Code, adopted by Tribal Council on March 25, 1998; and as amended by Tribal Council October 19, 1999.]
(a) 
Service of all process required by this chapter shall be governed by § _____ through § _____ of the GTB Civil Code. A "return" shall be filed with the court in compliance with § _____ of the GTB Civil Code.
(b) 
When service of papers cannot reasonably be made, a party cannot be found, or for any other good cause, the court, on ex-parte application, may direct the manner and on whom service may be made.
(c) 
Once a "return" has been filed with the court evidencing proper service, all further pleadings and notices involving the action may be served by first class mail to the address of the person stated on the pleadings or, if none, to the last known address of the affected person.
(d) 
All hearings required by this code shall be held before a Tribal Court Judge sitting without a jury.
[History: GTB Family Code, adopted by Tribal Council on March 25, 1998; and as amended by Tribal Council October 19, 1999.]
The Grand Traverse Band of Ottawa and Chippewa Indians is committed to the promotion of legal marriages that are deemed to create stable family relationships and promote a positive moral climate on the Reservation.
[History: GTB Family Code, adopted by Tribal Council on March 25, 1998; amended by Tribal Council on October 19, 1999; amended by Tribal Act #02-20.1137, enacted by Tribal Council in Special Session on July 31, 2002; and amended by Tribal Act #07-25.1838, enacted by Tribal Council on August 15, 2007.]
(a) 
It is the express policy of the Grand Traverse Band of Ottawa and Chippewa Indians to recognize traditional marriages provided that the person who has been designated to solemnize or formalize the marriage is a member of the Grand Traverse Band recognized as a medicine man or traditional spiritual leader by a significant number of Indian persons and provided further, that such person shall be recognized by resolution of the Grand Traverse Band Tribal Council as being a medicine man or traditional spiritual Indian leader. Other persons recognized as a medicine man, traditional spiritual leader or other such equivalent designation by another governing body of a federally recognized tribe or by order of another tribal court of a federally recognized tribe, shall be recognized as such by the Tribal Council. The Tribal Council may maintain a registry of those qualified to perform marriages.
(b) 
The following persons shall be qualified to perform marriages under this Code:
(1) 
Any person having the authority to perform marriages under Michigan law;
(2) 
A medicine man or traditional spiritual leader as defined in Subsection (a) above;
(3) 
A Tribal Judge of the Grand Traverse Band of Ottawa and Chippewa Indians Tribal Court; and
(4) 
A Tribal Judge of a Court of another federally recognized Tribe who is authorized by Tribal law to perform marriages; and
(5) 
The Tribal Chairperson of the Grand Traverse Band of Ottawa and Chippewa Indians or other Tribal Chairpersons of federally recognized tribes.
(c) 
All persons qualified to perform marriages pursuant to Subsections (a) and (b) of this section must obtain a license to perform marriages from the Tribal Council. A license shall only be valid two years from the date of issuance by the Tribal Council. A license shall be renewable only by motion of the Tribal Council. The Tribal Council reserves the right to charge a fee for each license upon motion of the Tribal Council.
[History: GTB Family Code, adopted by Tribal Council on March 25, 1998; and as amended by Tribal Council October 19, 1999.]
(a) 
The Grand Traverse Band of Ottawa and Chippewa Indians shall recognize as a valid and binding marriage any marriage between a man and a woman, formalized or solemnized in compliance with the laws of the jurisdiction in which such marriage was formalized or solemnized.
(b) 
Recognition may come about on the Court's own motion or upon the motion of any other person, and such order of recognition shall not be unreasonably withheld.
(c) 
An order denying recognition shall be appealable in the same fashion and manner as any other order of the Court.
[History: GTB Family Code, adopted by Tribal Council on March 25, 1998; and as amended by Tribal Council October 19, 1999.]
(a) 
Parties may not be married under this Code unless they obtain a valid marriage license issued by the Tribe or the State of Michigan.
(b) 
A Tribal Court Judge or Tribal Court Clerk shall have the power to issue a marriage license where at least one of the parties is a Native American man or woman, whether or not they are enrolled Tribal members.
(c) 
Marriage licenses shall be issued within three days of application following:
(1) 
Completion of an application prescribed by the Tribal Court;
(2) 
Payment of a license fee set by the Tribal Court; and
(3) 
Verification that at least one party to the proposed marriage is a Native American.
(d) 
Marriage licenses shall be effective for 30 days from the date of issuance.
(e) 
All requirements that the State of Michigan imposes on individuals to entitle them to marry within its jurisdiction are hereby adopted. Those seeking to be married:
(1) 
Must be at least 18 years of age, or be at least 16 years of age with the consent of their custodial parent(s) or legal guardian(s);
(2) 
Must freely consent to the marriage;
(3) 
Must have the mental capacity to marry;
(4) 
Must not have an existing spouse;
(5) 
Must not be blood relatives to each other in any of the following degrees:
(A) 
Parent and child;
(B) 
Grandparent and grandchild;
(C) 
Brother and sister, or half-brother and half-sister;
(D) 
Aunt and nephew, or uncle and niece; or
(E) 
Cousins in the first degree; and
(6) 
Persons wishing to be married must each undergo a counseling session of AIDS and communicable diseases.
(f) 
A marriage performed pursuant to a tribal license by one authorized to solemnize a marriage as herein provided may be performed at any location within the exterior boundaries of the Grand Traverse Band Reservation.
[History: GTB Family Code, adopted by Tribal Council on March 25, 1998; and as amended by Tribal Council October 19, 1999.]
(a) 
All applications for marriage and copies of all marriage licenses issued shall be filed with the Tribal Court and maintained as permanent records of the Grand Traverse Band. Copies shall also be provided to the Clerk of Leelanau County.
(b) 
Following the marriage ceremony, two fully executed and conformed copies of the marriage license, executed by two witnesses and the person who conducted the ceremony, shall be returned to the Tribal Court Clerk within 14 days.
(1) 
The Clerk of the Court must endorse upon each copy its date of receipt and deliver it to the Judge who authorized the issuance of the license.
(2) 
Upon delivery the Judge must examine the application for a marriage license, the license, and the certificate of the person performing the marriage to ensure that the information appearing is properly completed and that the marriage was performed in accordance with the provisions of the license.
(3) 
Upon a determination that the application, the license, and the certification are in proper form, and that there has been compliance with the terms of the license, the Court shall endorse its approval upon the license and shall cause a Certificate of Marriage to be issued.
(c) 
A copy of the Certificate of Marriage shall be maintained in the same file as the related application for marriage license and marriage license.
[History: GTB Family Code, adopted by Tribal Council on March 25, 1998; and as amended by Tribal Council October 19, 1999.]
(a) 
The Tribal Court shall file the Certificate of Marriage with the Leelanau County Clerk for statistical purposes.
(b) 
Should the parties to any marriage performed under the auspices of these provisions desire that a Marriage Certificate be filed or recorded in another jurisdiction, they may obtain certified copies from the Clerk of the Tribal Court at the normal and customary charge.
[History: GTB Family Code, adopted by Tribal Council on March 25, 1998; amended by Tribal Council on October 19, 1999; and amended by Tribal Act #07-25.1832, enacted by Tribal Council on August 15, 2007.]
The Tribal Court shall have jurisdiction over annulment, divorce, separate maintenance, child custody, child support, division of property, or alimony issue where at least one party has been a bona fide resident of the Grand Traverse Band Reservation for a period of at least 180 days prior to the filing of the action.
When matters relevant to this section of the Children's Code arise wherein concurrent jurisdiction exists between the Tribal Court and the Michigan State Court, and the petitioner attempts to file the initial proceedings with Tribal Court, the Tribal Court shall be required to inform the petitioner of the option to pursue such matter in Michigan State Court.
[History: GTB Family Code, adopted by Tribal Council on March 25, 1998; and as amended by Tribal Council October 19, 1999.]
(a) 
Within one year of the date of marriage, following payment of a filing fee prescribed by the Court, one or both parties may submit a petition for annulment to the Court, stating as grounds that:
(1) 
One or both parties to the marriage were under 16 years of age at the time of the marriage;
(2) 
One or both parties did not freely consent to the marriage;
(3) 
The parties were related to each other in a prohibited manner:
(A) 
Parent and child;
(B) 
Grandparent and grandchild;
(C) 
Brother and sister, or half-brother and half-sister;
(D) 
Aunt and nephew, or uncle and niece;
(E) 
Cousins in the first degree;
(F) 
One or both parties had an existing spouse at the time of the marriage; or
(G) 
One or both parties lacked the requisite capacity to marry.
(b) 
Petitions for annulment must be sworn before a notary public or other official designated to verify signatures, and must contain a proposed division of marital property and debt, and custody of children, if any.
(c) 
If the non-petitioning spouse doesn't agree with the petition's allegations as to grounds for annulment, division of property, or custody of children, the non-petitioning spouse must file a response with the Tribal Court within 30 days of receipt of the petition.
(d) 
Such response must be sworn before a notary public or other official designated to verify signatures, and must contain an explanation of why there are no grounds for annulment, or why the proposed division of property or grant of custody contained in the petition is not appropriate.
(e) 
A copy of the response must be served on the petitioning spouse.
(f) 
Where such a response is received, the Tribal Court must hold a hearing to resolve the dispute.
(g) 
Failure to respond shall constitute an admission to the allegations contained in the complaint, and shall lead to a default judgment against the defendant.
(h) 
If no response is received within 30 days, or, if the Tribal Court determines that there are valid grounds for annulment, then the Court shall enter a decree of annulment which provides for a division of property in an equitable manner and determine custody based on the best interests of the child(ren).
[History: GTB Family Code, adopted by Tribal Council on March 25, 1998; and as amended by Tribal Council October 19, 1999.]
(a) 
Filing for divorce:
(1) 
One or both parties may file a signed complaint with the Tribal Court.
(2) 
Such complaint shall state the grounds for divorce.
(b) 
Divorces shall be granted without regard to the fault of the parties. The Tribal Court shall grant a divorce upon finding that there has been a breakdown in the marital relationship to the point that the objects of matrimony have been destroyed, and that there remains no reasonable likelihood that the marriage can be preserved; or
(c) 
Commencement of action:
(1) 
An action for divorce shall be commenced by the filing of a complaint, the payment of the applicable fee, and the issuance of a summons.
(2) 
The complaint shall contain the following information, set forth in separately numbered paragraphs:
(A) 
The full legal name, address, social security number, and driver's license number of each party to the marriage;
(B) 
The Tribal affiliation/membership of each party to the marriage;
(C) 
The names, ages, and birth dates of any children born of the marriage between the parties, or of any children born prior to the marriage when the husband is asserted to be the father of the child(ren);
(D) 
The Tribal affiliation/membership of each child;
(E) 
A statement as to whether or not the wife is pregnant at the time the complaint if filed;
(F) 
The maiden name of the wife and/or her name prior to the marriage if different;
(G) 
The date and location of the marriage;
(H) 
The date and location of the separation of the parties;
(I) 
A statement of the assets and liabilities of the parties that need to be allocated between them;
(J) 
A statement as to any pending court proceedings in other jurisdictions that could affect the minor child(ren);
(K) 
A statement that there has been a breakdown in the marital relationship to the point that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved;
(L) 
A statement that the Plaintiff desires the Court to enter a judgment of divorce; and
(M) 
A statement of the specific relief requested as to child custody, child support, visitation, alimony, proposed property settlement or other such relief.
(d) 
Answer to complaint:
(1) 
The defendant spouse shall file an answer to the complaint within 21 days of receipt of the complaint if personally served or 28 days if served by mail.
(2) 
Such answer may seek a division of property, child custody arrangement, or other relief different than that proposed by the petitioner.
(3) 
A copy of the answer must be served on the plaintiff spouse.
(e) 
Hearing:
(1) 
Following a complaint for divorce, separate maintenance, or annulment, and after the opportunity for the defendant to answer, the Tribal Court shall hold a hearing.
(2) 
Final divorce hearings may be held no less than within six months after the filing of the complaint in actions involving the custody/welfare of minor children. Final divorce hearings may be held no less than two months after the filing of the complaint in actions not involving the custody/welfare of minor children.
(3) 
Where the custody of minor children is at issue, the Tribal Court may order that a home study be completed by a person appointed by the Court prior to the hearing, to aid the Court in determining the issue.
(4) 
In determining who will have custody of the minor child(ren), the best interest(s) of the child(ren) shall control. Visitation shall be ordered to promote a positive parent-child relationship, whenever possible.
(5) 
At the hearing, both spouses shall have an opportunity to testify, call witnesses, present evidence, and cross-examine their spouse and any other witnesses.
(6) 
Once a final ruling has been made, parties seeking to alter the Court's decision must demonstrate that there has been a significant change in circumstances before the Court shall consider amending it's prior ruling.
(7) 
The intentional filing of groundless petitions shall result in the imposition of sanctions.
(8) 
A final order of the Tribal Court shall be appealable in the same fashion and manner as any other order of the Court.
[History: GTB Family Code, adopted by Tribal Council on March 25, 1998; and as amended by Tribal Council October 19, 1999.]
When an annulment or divorce is granted, the Court shall order distribution of all real and personal property in an equitable fashion giving consideration to party fault, and shall allocate the marital financial obligations of the parties, in whole to either party, or partially to each party.
[History: GTB Family Code, adopted by Tribal Council on March 25, 1998; and as amended by Tribal Council October 19, 1999.]
(a) 
When an annulment or divorce is granted, the Court may order either party to make periodic alimony payments as necessary to provide for the support of the other party.
(b) 
Such orders may be modified, on motion of either party, to reflect changes in either party's economic circumstances.
(c) 
Groundless filings may result in the imposition of sanctions.
(d) 
The Court, upon motion, shall terminate alimony to any spouse who has remarried or upon the death of either party.
[History: GTB Family Code, adopted by Tribal Council on March 25, 1998; and as amended by Tribal Council October 19, 1999.]
(a) 
In any action concerning annulment, divorce, or paternity, the Tribal Court shall have the authority to determine the custody of any children under 18 years of age.
(1) 
The Court may grant custody to one parent, or may grant joint custody. The Court shall specify the period(s) when each parent shall have custody, and shall determine the visitation rights (if any) of the non-custodial parent.
(2) 
Visitation shall be designed to foster and expand the relationship between the non-custodial parent and the child(ren), whenever possible.
(b) 
Child custody shall be based on the best interest of the child(ren) following a custody and home study evaluation and recommendation completed by a person appointed by the Court. There shall be no presumption that one parent is better suited to be a custodial parent because of gender.
(c) 
The Tribal Court shall have the authority to require the non-custodial parent to pay such sum as the Court may determine appropriate and proper for the support and maintenance of the child(ren).
(d) 
The Tribal Court, upon petition of either party, or any third party to whom custody or visitation of the minor child may be awarded, may revise, amend, or alter any order concerning the care, custody, support, or visitation rights with any minor child(ren) consistent with their best interests.
(e) 
In determining the best interests of the child(ren), the Court shall consider the following:
(1) 
The love, affection, and other emotional ties existing between the parties involved and the child.
(2) 
The capacity and disposition of the parties involved to give the child love, affection, and guidance and continue the education and raising of the child in his or her religion or creed, if any.
(3) 
The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this Tribe in place of medical care, and other material needs.
(4) 
The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
(5) 
The permanence, as a family unit, of the existing or proposed custodial home or homes.
(6) 
The moral fitness of the parties involved.
(7) 
The mental and physical health of the parties involved.
(8) 
The home, school, and community record of the child.
(9) 
The reasonable preference of the child, if the Court considers the child to be of sufficient age to express preference.
(10) 
The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent of the child and the parents.
(11) 
Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
(12) 
Any other factor considered by the Court to be relevant to a particular child custody dispute.
[History: GTB Family Code, adopted by Tribal Council on March 25, 1998; and as amended by Tribal Council October 19, 1999.]
(a) 
The Tribal Court shall have authority to determine the custody and visitation of children as between parents and legal guardians, or as between parents and legal guardians and anyone who has actual physical custody of the child(ren). The authority shall exist whether or not there is a divorce or annulment proceeding pending.
(b) 
Such proceeding shall commence upon the filing of a petition by the parent or legal guardian.
(c) 
In ruling on a custody petition, the Court shall employ the standards set forth in § 514 of this Code, and may order periodic support payments as set forth in that section.
(d) 
After the Court rules on the petition, neither party may file another petition for six months, unless there has been a substantial change in circumstances, or where abuse, neglect or abandonment of the child is suspected.
[History: GTB Family Code, adopted by Tribal Council on March 25, 1998; amended by Tribal Council on October 19, 1999; and amended by Tribal Act #07-25.1832, enacted by Tribal Council on August 15, 2007.]
(a) 
When the Court has ordered periodic support payments under this Code, and the parent does not pay as ordered, the Court shall use the same methods to collect these payments as it would to enforce any money judgment in a civil action, including contempt.
(b) 
If the parent willfully refuses to make support payments as ordered by the Court, and the procedures set forth in Subsection (a) do not result in payment, the Tribe may initiate criminal proceedings.
(c) 
A custodial parent who has a valid Tribal Court order for child support and is unable to collect due to non-payment by the other parent shall be informed by Tribal Court of the option to file the support order with Michigan Friend of the Court for purposes of collection and enforcement, consistent with MCR 2.615, Enforcement of Tribal Judgments.
[History: GTB Family Code, adopted by Tribal Council on March 25, 1998; and as amended by Tribal Council October 19, 1999.]
(a) 
The Court may issue temporary orders during the pendency of all proceedings involving child custody, child support, visitation, alimony, and the possession of real and personal property.
(b) 
Such orders may be granted upon the motion of either party, or on the Court's own motion. A hearing shall be held prior to the issuance of such orders, unless the Court determines that an emergency exists, or a party cannot be found, in which case such orders may be issued ex-parte.
(c) 
Emergency may be interpreted to include, but not be limited to:
(1) 
A danger of physical abuse to the spouse or the party's child(ren);
(2) 
Severe emotional abuse;
(3) 
A lack of means for interim subsistence; or
(4) 
The danger that the child(ren) will be removed from the jurisdiction.
(d) 
If the initial order is issued ex-parte, a full hearing on the temporary order shall be held within 14 days.