Question: My husband and I have been married for 19 years. Common Law for 4 years and 14 years Legally Married (State of NM). We have been separated for 3 months, if I decided to divorce my husband my reason is "Adultery". We have a State Marriage Licence and we married in Navajo Nation Court. Do I file with the State of New Mexico or Navajo Nation. We have 2 children therefore child support will be filed. And can I charge my husband and his companion with "Adultery"?
Answer:
The following is provided as general information about the Navajo Nation Courts only. To find out how the law applies to a specific situation, contact an attorney directly.
It depends on where the person lives both Navajo courts and New Mexico courts have a 90 day residency requirement. If a person has lived on the Navajo Nation for 90 days, then that person can file in the Navajo Nation courts. If a preson has lived in NM for 90 days, then that person can file in NM State Court.
Navajo Nation Code says that the Navajo Courts have original, exclusive jurisdiction over domestic relations—that means that if a person can file in Navajo Court (90 days of residence on the reservation), then that person must file in Navajo Court.
The Navajo Nation has Child Support Guidelines they use to determine the amount of child support, as does New Mexico.
To get more specific help with this, please visit one of the DNA-People’s Legal Services offices for more help (see www.dnalegalservices.org). DNA-People’s Legal Services are free civil attorneys. Or, contact the Navajo Nation Bar Association at 928-871-2211 to get a list of attorneys & advocates licensed in the Navajo courts; many of them are also licensed in NM.
July 26, 2010
Legal Services Corporation