Divorce & Annulment Article
Divorce on the Navajo Nation - Grounds and Requirements
Divorce on the Navajo Nation: Grounds and requirements
What are the grounds for divorce on the Navajo Nation?
A. Underage. The person asking for a divorce (the “Petitioner”) was under age 18 when (s)he got married. This is not grounds if the Petitioner freely lived with the other person as husband and wife after reaching age 18.
B. Former marriage. If the husband or wife was already married to someone else (including common law marriage) when they married each other.
C. Adultery. Unlawful voluntary sexual intercourse of a married person with one of the opposite sex.
D. Abandonment/Expulsion. If either person willfully abandoned the other, or caused the Petitioner to leave against his/her wishes, for a period of six months before filing for divorce.
E. Alcohol/narcotics. When one of the spouses uses alcohol or drugs habitually to the mental anguish of the other.
F. Abuse. When one spouse inflicts “grievous bodily injury or grievous mental suffering” on the other.
G. Neglect. When the husband fails to support his family “according to his means, station in life, and ability.”
H. Inability to live together in agreement and harmony.
I. Pregnancy by another man. In the husband’s favor if the wife was pregnant by another man when she married her husband, and the husband was unaware of it. The divorce must be filed within a reasonable time after the husband learns of the (true nature of the) pregnancy.
J. One-year separation. Voluntary separation of the husband and wife for one year or more.
What are the requirements for filing for divorce?
“Personal jurisdiction.” For the Navajo courts to “reach” the parties, the spouses must have “minimum contacts” with the Navajo Nation—they’re enrolled members of the tribe, or are eligible for enrollment, they lived, worked, spent time on, or visited the Navajo Nation, or children were conceived on the reservation. “Personal jurisdiction” can be waived—regardless of who you are, if you come to the Navajo Court (or file a document with the court), you “submit yourself to the jurisdiction” of the Navajo Court.
90-Day Requirement. The petitioner must live on the Navajo reservation for at least 90 days before filing for divorce in the Navajo Nation Family Court.
“Subject Matter Jurisdiction.” The Navajo Nation has “original, exclusive” jurisdiction over domestic relations (including divorces) involving members of the Navajo Nation, or those eligible for enrollment with the Navajo Nation. This means that divorce cases involving Navajo spouses or Navajo children must be filed in the Navajo Nation Family Court. If neither spouse is Navajo (but they lived on the reservation), they can (but do not have to) file in the Navajo court. Filing in state court is generally more expensive, more paperwork, and can take more time than filing in Navajo court; child support guidelines and alimony awards in NM and AZ state courts are very similar to those in Navajo courts.
Filing Fee. The filing fee is $10, and it must be paid to the Family Court of the Navajo Nation when a divorce petition is filed with the Court. There may be additional money needed if the spouse’s whereabouts are unknown, and the Petitioner has to publish legal notice in the newspaper.
Comments:
QUESTIONS
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My husband wants a Divorce and we have a boat that has His Name OR my name. Does the word OR make it community property? He says it was a gift to him and won't sell it. What does the word OR mean on the title? Is it community property?
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Do I need to get annulment from my two month marriage. I recently found out I have been married for the past 9 years to another man that I thought I was divorced from. The original husband is a Veteran and although I might not be eligible for benefits because I left 9 years ago, I need to know if I can still apply for benefits being currently married. Does this 2 month marriage exist?
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Is Arizona a common-law marriage state? If two seniors have been living together for more than ten years without being married and one passes away, will the living senior be responsible for the debts of the deceased.
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I left home with few belongings because of domestic abuse. I obtained an order of protection,which he has violated,been arrested for & released. Husband filed for divorce listing my separate things to be mine. No other divisions of property was mentioned. They are at the house, house in his name, he changed the locks, can I get them with police escort now or must I wait til the divorce is final? Who would contact him about my coming? I am not planning on responding to summons.He is saying that he will dispose of all things if I do not remove them right away as he wants them out of his house.
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I was ordered tbo reimburse 9500 of 9950 of remaining attoneys fees with 10% annum interest. My ex has not paid anything to her attoney in 2.5 years. I have settled with her attorney for their fees and interest because she took me back to court. She now owes nothing without paying a dime. Will I still have to pay her the 10% interest?
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I was married in Mexico to a college friend who was deported. We were married 3 years ago. I came back to AZ and have not seen him since, we talk regularly but he has no plans on returning to the states. Is filing for a divorce in Arizona possible, and could I file for an annulment considering we never consummated the marriage?
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My divorce was filed on January 17, 2012. When will my divorce be finalized?
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My spouse and I separated in 2015, and shortly thereafter he moved to CA, but without any job, address, or income of any kind. Everyone in his life seems to have lost track of him, as he has a pervasive drug abuse and addiction history, no address or consistent place of residence. How do I manage to serve him with a petition for divorce??? I have waited 4 years, trying to locate him, but as I am now looking to remarry, is there any other way to move forward with a divorce?
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I got married in the US, but my spouse is a Korean citizen and never lived here, just visited. He went back to korea and got a divorce over there (mutual). Now he is legally divorced thru korean court and I have the official notarized court documents. Is it automatically accepted here in the USA? I am trying to get married again to someone else and want to make sure we are allowed to now.
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I am the Respondent. I received a "Notice of Resolution Management Conference." (b) says I must comply with all disclosure requirements. I found the Disclosure Statement, but I don't know if I file it with the court or bring it with me to the conference. In my Response paperwork, I thought I read that I do not file it. Thank you
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