In order to maintain an action for legal separation in the Tribal Court, at least one party to the marriage must be an enrolled member of the Tulalip Tribes. The Court has continuing jurisdiction to resolve matters pertaining to the legal separation that have not been previously adjudicated by a judgment in the proceeding.
(Res. 2013-346. Formerly 4.20.490; Res. 2015-138; Res. 2015-504; Res. 2022-432)
In a decree of legal separation, the Court may address the following issues, including, but not limited to: custody of children, maintenance, child support, disposition of real and personal property and debts, and expenses of suit as may be equitable under the circumstances.
(Res. 2013-346. Formerly 4.20.500; Res. 2015-138; Res. 2015-504; Res. 2022-432)
(1) 
Proceedings for legal separation shall be commenced and conducted in the manner provided by law for civil cases, except as otherwise specifically provided.
(2) 
If either party in a proceeding for legal separation is a member of the military, the Court may conduct the proceeding in such a way as to be consistent with the Servicemembers Civil Relief Act.
(3) 
The Court Clerk shall provide the parties with a form titled Washington State Certificate of Dissolution, Declaration of Invalidity, or Legal Separation, and once the form is completed, the Court Clerk shall sign it and submit it to the State Registrar of Vital Statistics.
(Res. 2013-346. Formerly 4.20.510; Res. 2015-138; Res. 2015-504; Res. 2022-432)
The Court may temporarily or permanently restrain either party from doing certain acts harmful to the other or to the children, or to the property of either, during the pendency of the proceedings for legal separation. Violation of a current and valid restraining order shall be a Class B offense under the Tulalip Law and Order Code. In addition, contempt or exclusion proceedings may be brought against any party violating a valid court order obtained pursuant to this section.
(Res. 2013-346. Formerly 4.20.520; Res. 2015-138; Res. 2015-504; Res. 2022-432)
During the pendency of the action for legal separation, the Court may order the spouse to pay temporary maintenance and suit money as in an action for dissolution.
(Res. 2013-346. Formerly 4.20.530; Res. 2015-138; Res. 2015-504; Res. 2022-432)
In a proceeding for legal separation, the Court may grant a maintenance order for either spouse. The maintenance order shall be in such amounts and for such periods of time as the Court deems just, without regard to misconduct, after considering all relevant factors including but not limited to:
(1) 
The financial resources of the party seeking maintenance, including separate or community property apportioned to them, and their ability to meet their needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party;
(2) 
The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to their skill, interests, style of life, and other attendant circumstances;
(3) 
The standard of living established during the marriage;
(4) 
The duration of the marriage;
(5) 
The age, physical and emotional condition, and financial obligations of the spouse seeking maintenance; and
(6) 
The ability of the spouse from whom maintenance is sought to meet their needs and financial obligations while meeting those of the spouse seeking maintenance.
(Res. 2013-346. Formerly 4.20.540; Res. 2015-138; Res. 2015-504; Res. 2022-432)
(1) 
The provisions of any decree of legal separation respecting maintenance or support may be modified only upon a showing of substantial change of circumstances. The Court may only modify installments occurring after the date of the petition for modification.
(2) 
The provisions of any decree of legal separation respecting property disposition may not be revoked or modified, unless the Court finds the existence of conditions that justify the reopening of a judgment under the laws of the Tribe.
(3) 
The provisions of any decree of legal separation respecting child custody may be modified according to Article V of this chapter.
(4) 
The provisions of any decree of legal separation respecting child support may be modified according to the Tulalip Tribes Paternity and Child Support Code.
(Res. 2013-346. Formerly 4.20.550; Res. 2015-138; Res. 2015-504; Res. 2022-432)
Unless otherwise agreed in writing or expressly provided in the decree of legal separation or other court order, the obligation to pay future maintenance is terminated upon the death of either party.
(Res. 2013-346. Formerly 4.20.560; Res. 2015-138; Res. 2015-504; Res. 2022-432)
(1) 
Either spouse can obtain, own, hold, give, sell or otherwise deal with real or personal property as if they were unmarried.
(2) 
Either spouse can enter into contracts and sue or be sued to the same extent and in the same manner as if unmarried.
(3) 
Neither spouse, nor the property of either in which the other spouse has no interest, is liable for any new debts or obligations acquired by the other spouse after the date of the decree of legal separation.
(4) 
Neither spouse, nor the property of either in which the other spouse has no interest, is liable for torts committed by the other spouse.
(5) 
A conveyance, transfer, or lien executed by either spouse in favor of the other shall be valid to the extent such an action is equitable under an interpersonal trust relationship.
(6) 
The Tulalip Tribes shall accept the community property laws of the State of Washington currently in force at the time of any decree or order under this code as its own, except as specifically provided in this code.
(Res. 2013-346. Formerly 4.20.570; Res. 2015-138; Res. 2015-504; Res. 2022-432)
The expenses of the family and the education of the children are chargeable upon the property of both spouses or either of them, and they may be enforced jointly or separately.
(Res. 2013-346. Formerly 4.20.580; Res. 2015-138; Res. 2015-504; Res. 2022-432)
A decree of legal separation is final when entered, subject to the right of appeal. To seek a decree of dissolution, the parties must start a separate proceeding for dissolution.
(Res. 2013-346. Formerly 4.20.590; Res. 2015-138; Res. 2015-504; Res. 2022-432)
No earlier than 60 days after a petition for legal separation has been filed, on motion of either party, the Court shall convert the petition for legal separation to a petition for dissolution of marriage.
(Res. 2013-346. Formerly 4.20.600; Res. 2015-138; Res. 2015-504; Res. 2022-432)