A. 
A complaint may be filed in the Tribal Court upon the allegation that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
B. 
A complaint shall be filed with the Tribal Court and must be dated, signed and verified by the plaintiff.
C. 
The complaint shall include the following:
(1) 
The factual grounds for the action in the form of a statement that there has either been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved without further particulars;
(2) 
The basis for jurisdiction under § 7.8-10A;
(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 complaint, 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 spousal support, facts sufficient to show a need for such support and that the other party is able to pay;
(11) 
If the plaintiff requests an order for personal protection or for the protection of property, facts sufficient to support the relief requested.
D. 
If custody of any child is to be determined, then except as otherwise provided in Subsection C, each party, in its first pleading or in an attached verified statement, shall state:
(1) 
Whether the party has participated, as a party or witness or in another capacity, in another child custody proceeding with any child and, if so, the name of the court, case number of the child custody proceeding, and date of the child custody determination, if any;
(2) 
Whether the party knows of a proceeding that could affect the current child custody proceeding, including a proceeding for enforcement or a proceeding relating to domestic violence, a protective order, termination of parental rights, or adoption, and, if so, the name of the court, the case number, and the nature of the proceeding;
(3) 
The name and address of each person that the party knows who is not a party to the child custody proceeding and who has custody of any child or claims rights of custody or parenting time with any child.
E. 
Notwithstanding Subsection D, a party is not required to disclose identifying information:
(1) 
To the extent such information is treated as confidential under applicable law; or
(2) 
If a party alleges in a sworn statement or the complaint under oath that the health, safety, or liberty of any party or any child would be put at risk by the disclosure of any identifying information. In such event, the Tribal Court shall seal and not disclose that information to the other party or the public unless the Tribal Court orders the disclosure after a hearing in which the Tribal Court considers the health, safety, and liberty of the party and the child and determines that the disclosure is in the interest of justice.
F. 
In an action involving any children, or if child support or spousal support is requested, then except as otherwise provided in Subsection E, the party seeking relief must attach a verified statement to the complaint, stating:
(1) 
The last known telephone number, post office address, residence address, and business address of each party;
(2) 
The social security number and occupation of each party;
(3) 
The name and address of each party's employer;
(4) 
The estimated weekly gross income of each party;
(5) 
The driver's license number and physical description of each party, including eye color, hair color, height, weight, race, gender, and identifying marks;
(6) 
Any other names by which the parties are or have been known;
(7) 
The name, age, birth date, social security number and residence address of each child involved in the action, as well as of any other child of either party;
(8) 
The name and address of any person, other than the parties, who may have custody of any child during the pendency of the action;
(9) 
The kind of public assistance that has been applied for or is being received by either party or on behalf of any child, and any corresponding assistance identification numbers, provided that if public assistance has not been requested or received, that fact must be stated; and
(10) 
The health care coverage, if any, that is available for any child; the name of the policy holder; the name of the insurance company, health care organization, or health maintenance organization; and the policy, certificate, or contract number.
G. 
The information in the verified statement under Subsection F is confidential and shall not be released other than to the Tribal Court, the parties, or the attorneys for the parties, except by Tribal Court order and shall not be made a part of the public Tribal Court file. For good cause, the addresses of a party and any child may be omitted from the copy of the statement that is served on the other party. If any of the information required to be included in the verified statement is omitted, the party seeking relief shall explain the omission in a sworn affidavit, to be filed with the Tribal Court.
H. 
The complaint shall be accompanied by a filing fee for a civil action as may be specified by rules of the Tribal Court.
When a complaint is filed in the Tribal Court, the Tribal Court shall issue a summons. The Plaintiff shall cause the summons and a copy of the Complaint, along with all other documents filed with the Tribal Court, to be served upon the defendant in accordance with the NHBP Court Rules of Civil Procedure, Chapter 5, Section 4: Summons.
A. 
Except under § 7.8-20, service of a copy of a document on an attorney must be made by delivery or by mailing to the attorney at their last known business address or, if the attorney does not have a business address, then to their last known residence address. Except under § 7.8-21, service on a party must be made by delivery or by mailing to the party at the address stated in the party's pleadings.
B. 
All service required under this code shall be in accordance with the NHBP Court Rules of Civil Procedure, Chapter 5, Section 5: Service of Process, including whom can accept service, filing proof of service, and alternate service.
A. 
The defendant shall file an answer with the Tribal Court, or take other action permitted by Tribal law or Tribal Court rules, within 21 business days after being served with the summons and a copy of the complaint.
(1) 
If a defendant resides outside of tribal jurisdiction, or if the manner of service used requires the summons and a copy of the complaint to be sent by registered mail addressed to the defendant, the defendant shall be required to respond within 28 business days of service.
B. 
The defendant, by answer, shall either admit the grounds for divorce alleged or deny them without further explanation.
C. 
Failure to respond shall constitute an admission of the allegations contained within the complaint provided, however, that before such admission shall be presumed the entry of the defendant's default shall first be required.
A. 
The defendant may file a counterclaim under this code, which shall be combined with the answer and clearly designated as such.
B. 
The counterclaim shall comply with the pleading requirements of § 7.8-19.
A. 
If the defendant fails to answer within the time stated in § 7.8-22A, or to otherwise defend under Tribal law or Tribal Court rules, the plaintiff may file a motion for a default and a proposed default judgment with the Tribal Court.
B. 
The plaintiff must cause the defendant to be served with the motion for default and the proposed default judgment in the manner provided under § 7.8-21, and shall cause proof of service to be filed with the Tribal Court in accordance with § 7.8-21B, if:
(1) 
The defendant has appeared in the action;
(2) 
The motion for a default judgment seeks relief different in kind from, or greater in amount than, that stated in the complaint, or
(3) 
The complaint does not state a specific amount demanded.
C. 
The Tribal Court may grant plaintiff's motion for default and enter a default judgment if the time under § 7.8-22A has run, provided that the Tribal Court shall not enter a judgment of divorce as a matter of course on the default of the defendant because of failure to appear at the hearing or by consent, but rather the Tribal Court shall hear each such case in open court on proofs taken, except as otherwise provided by Tribal law or Tribal Court rule.
D. 
The Tribal Court Clerk shall promptly mail notice of entry of a default to all parties. The notice to the defendant shall be mailed to the defendant's last known address or the address of the place of service. The Clerk shall keep a record that notice was given.
E. 
Upon entry of a defendant's default, the defendant shall have no further standing to participate in the proceeding. Upon written motion, and good cause shown, the default of the defendant may be set aside and the Court may provide the defendant with a specified period, not to exceed 21 business days in which to answer the complaint.
Any party may, at any time, request that the Tribal Court order the other party to pay all or part of the attorney fees and expenses related to the action or a specific proceeding under this code, including a post-judgment proceeding. A party who requests attorney fees and expenses must allege facts sufficient to show that:
A. 
The party is unable to bear the expense of the action, and that the other party is able to pay; or
B. 
The attorney fees and expenses were incurred because the other party refuses to comply with a previous Tribal Court order, despite having the ability to comply.