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 am wanting to divorce my husband who is currently incarcerated. His parental rights were severed by the courts and I have full custody of our only son. How does this change what documents I need to be filed and how he is able to respond ?
  • how long does it take to get a annulment in az
  • I've lived in Arizona since February. My husband is in the military. I am now pregnant, & want a divorce. He is verbally abusive and has a strong temper. He just recently tried to commit suicide and was in the pyschiatric hospital. Can I get a divorce while pregnant? Or what about an anullment since he tried to kill himself? Thanks.
  • I have been married for nine yrs. I worked at a job for 28 1/2 yrs. before we were married. I received a 30 yr. pension which I still get every month like wages. If I file for divorce would she be able to steal part of my retirement pension even though we only gained 300 dollars of it while we were married,and if so could she start getting have my pension before we were divorced?
  • If I am the respondent . what name goes in the person filing on the form myself the respondent, or my spouse the petitioner
  • I got a divorce about 7 years ago and it stated that my ex owes me some money but he has yet to pay in full. He had since moved to NC and gotten remarried. Can I go after them for the money? The decree doesn't state an expiration for the money to be paid but he refuses to make further payments to me. I also learned that he has recently bought a house. Can I put a lien out and file a document with the court to hold him in contempt for not paying me?
  • 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.
  • I have filed for divorce. I did this on January 28, 2008. I cannot afford an attorney so I am having to do this on my own. I also filed a petition for temporary orders. The hearing is on the 22nd of February. I did not understand the instructions to serve my husband. I took the papers to the sheriff's office on February 4. What happens if my husband doesn't get served on time? I just mailed the order to appear yesterday, 2-13.
  • My divorce was final in May of 2007 I have been living with my xhusband since November of 2007. Can we apply for a Stipulation to Dismiss the Court granting of the divorce if we both agree to remaining married?
  • My wife kicked me out by threatening to call the cops on me and tell them im violent. I left because she was the one slapping me. How do I get my items? Do I still have to pay rent due on 5th? Kicked out on the 1st.

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