The title of this code shall be the "Nottawaseppi Huron Band
of the Potawatomi's (NHBP, Tribe, or Band) Divorce Code." It
may be referred to as the "Divorce Code" or simply the "Code."
The Tribal Council enacts this code pursuant to the duties of the Tribal Council stated in Article VI, Subsection 1(a) of the Constitution.
The Tribe finds that it is essential to the political integrity
of the Tribe to have the ability to dissolve marriages within the
Tribal Court's jurisdiction. While the Tribe recognizes the importance
of preserving family ties whenever possible, studies have shown a
link between the availability of no-fault divorce laws and reduced
rates of female suicide and domestic violence. Even when domestic
violence is not at issue, the Tribe recognizes that Pkéw'
edwen, the dissolution of marriage, is sometimes necessary to promote
the peace and welfare within a household, and by extension, the NHBP
community. This code is intended to promote the health, safety, and
general welfare of the Tribe by providing a peaceful, efficient and
equitable process and procedure for Pkéw' edwen.
This code, to the extent reasonable, shall be read and interpreted
in a manner consistent with the Constitution; provided that in the
event of any inconsistency, the Constitution shall control.
Nothing in this code shall be construed to waive the sovereign
immunity of NHBP or any of its governmental officers, representatives,
employees, or agents.
If any provision of this code, or the application thereof to
any person or circumstances, shall, for any reason, be adjudged by
a court of competent jurisdiction to be invalid, such judgment shall
not affect, impair, or invalidate the remainder of this code, which
shall continue in full force and effect.
This code shall become effective on the date of enactment of
this code by the Tribal Council.
The reference or citation to any section or subsection in this
code shall refer to a section or subsection of this code, except as
otherwise expressly stated.
For the purpose of this code, the following terms are defined:
Consecutive days of the year, excluding weekends and NHBP
government-recognized holidays.
Any biological or adopted child or children who are under 18 years of age, subject to § 7.8-26, for purposes of providing support, child includes a child and children who have reached 18 years of age. A child may be adopted pursuant to the laws and customs of NHBP.
This Divorce Code.
A complaint for divorce.
The Tribe's Constitution.
Legal custody or physical custody, or both, as the context
requires.
The party against whom a complaint has been filed.
The schedule and amount of time a grandparent is ordered
by the Court to spend with their grandchildren.
A determination regarding the decision-making authority as
to the important decisions affecting the welfare of a child, including
decisions involving education, religion and medical treatment, and
includes "joint legal custody" under which legal custody is shared
by the parents, a third person or a combination thereof, or "sole
legal custody" under which legal custody is held by one parent or
a third person.
Real and personal property and retirement property acquired
after the parties were married, without regard to which spouse holds
title to the property. Marital property also includes the appreciated
value of property that was acquired before the marriage by one spouse
but has risen in value due to the efforts and/or labor of the other
or both spouses during the marriage. Marital property does not include
property that was inherited or given as a gift to one spouse from
a third party after the marriage, nor does it include items of religious,
cultural, or ceremonial value.
The Tribe's Marriage Code.
The Nottawaseppi Huron Band of the Potawatomi.
The biological or adoptive parent of any child.
The schedule and amount of time each parent spends with their
children.
A determination where a child will reside, and includes "joint
physical custody" under which a child will reside alternately for
specified periods with each parent, a third person, or a combination
thereof, and "sole physical custody" under which a child will reside
with one parent or a third Person.
The party who has filed a complaint.
A simplified procedure for divorce in which the parties have
no issues for the Court to decide other than the dissolution of the
marriage.
The NHBP Supreme Court.
An individual other than a parent who is an interested party
to a divorce proceeding.
The governing body of the Tribe established pursuant to Article
VI of the Constitution.
The trial level court of NHBP.
The standard used by the NHBP Tribal Court to determine the
well-being of a child in a particular case, through the evaluation
of the following factors:
Physical, mental, emotional, spiritual, and familial needs of
the child;
Stable, nurturing environment for the child;
Unique individual needs of the child;
The child's reasonable preference;
Either parent's willingness and ability to facilitate the
child's participation in cultural or religious events; and
Any other factor considered by the NHBP Tribal Court to be relevant
to a particular child under this code.
