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

  • I have three kids and my husband filed for divorce in Iowa...I moved to Arizona two weeks ago and I was wondering if I have to get a lawyer from Iowa or can I have a lawyer from Arizona...and does anyone know of how I would be able to get a lawyer for free because I am a single mother and can't afford a lawyer.
  • I understand that when a divorce occurs, everything accumulated is community property. However, is a disability retirement subject to joint disbursement. My online research gives me conflicting answers. How do the courts interpret this?
  • Do u have to have a attorney to go through with a divorce
  • I LEFT MY HUSBAND AND HAD TO START COMPLETELY OVER SO I CASHED IN MY 401K...IS HE ENTITLED TO THAT MONEY IF WE WERE ONLY MARRIED A YEAR AND I ACCRUED IT BEFORE WE WERE MARRIED?
  • We live in Tucson, AZ, and my husband is going to file a divorce paper. We married in South Lake Tahoe, Ca. We have been married for 23 years. We both are not working, but he has a girlfriend during our marriage and she is working.  My question is he told me he doesn't need to pay me his social security or any spousal support due to he doesn't work. Also since he bought the house before our marriage which we are living now. In my marriage, this house all the repair, utility, property tax are from our joint account. Now he told me I have no right to this house. It is true what he told me.  
  • how do i get divorce forms?
  • if there is a civil/amicable decision for couple to divorce, does the house HAVE to be sold, or if agreed in writing to judge, can it be refinanced only under only party's name?
  • how much would it cost to get divorce papers?
  • WHAT CAN I DO TO STOP BILL COLLECTORS THAT MY EXHUSBAND OWES FROM BOTHERING ME AND TELLING ME I AM RESPONSIBLE FOR HIS PAST MEDICAL BILS?
  • where can i get free or very low help in filling out a qualified domestic relations order (qdro)

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