A.
A marriage may be voided or annulled by the Tribal Court for any
one of the following reasons upon the application of one of the parties:
(1)
Either party was underage at the time of the marriage and did not
have parental consent rendering consent void;
(2)
The consent of either party was obtained by force or fraud;
(3)
Either party lacked mental capacity at the time of the marriage and
was therefore incapable of consenting;
(4)
Either party was at the time of the marriage incapable of consummating
the marriage and the incapacity is continuing;
(5)
Either party is the parent, sibling, half-sibling, grand, child,
grandchild, sibling's child, parent's sibling, or cousin
of the first degree of the other party to the marriage, except as
permitted by established tribal customs and culture; or
(6)
Either party was, at the time of the marriage, legally married to
another living spouse.
B.
If, after termination of any of the foregoing defects, the parties
shall continue to live together as a married couple, the marriage
shall not subsequently be subject to annulment because of such defect.
The party laboring under the disability or upon whom the force or
fraud is imposed must initiate the annulment.
A.
A petition for annulment shall contain the following, where applicable:
(1)
The reason for the requested annulment;
(3)
The complete current names and names before the marriage of all parties;
(4)
The date and location of the marriage;
(5)
Whether a party is pregnant;
(6)
Whether the parties have children together;
(7)
The complete names and dates of birth of any such children the parties
have together;
(8)
Whether there is another pending or resolved action in another jurisdiction
involving the parties who are the subject of the petition, and, if
so, the name of the court and file number.
(9)
Whether there is marital property to be divided;
(10)
If the plaintiff requests an order for personal protection or
for the protection of property, facts sufficient to support the relief
requested.
A.
A petition requesting that a marriage be annulled shall be filed
with the Tribal Court clerk.
B.
A summons shall be issued and served on any party to the marriage
not joining in the petition.
C.
The Tribal Court shall hold a hearing to determine whether the marriage qualifies for annulment under § 7.8-14.
E.
The Tribal Court may order a spouse's former name to be restored
upon request.
F.
The annulment decree shall be filed with the Tribal Court clerk.
A.
After an annulment order, the parties are restored to the status
of single and unmarried as if the marriage never existed and the couple
was never married.
B.
Children of an annulled marriage are considered legitimate children
of the marriage.
C.
Neither party to an annulled marriage shall be required to pay permanent
spousal support.
D.
Upon motion by a party, the Tribal Court may award damages to a party
damaged from the marriage and subsequent annulment.
