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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I brought my company into the marriage. It grew while we were married. Is it considered community property. She did not work for the company
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In my divorce the Judge issued a Final Ruling months ago, but it seems there is no way to get a Final Decree. My ex keeps requesting delays claiming medical issues, but has provided no proof to the court of any medical issues. In the meantime I keep paying more and more temporary spousal maintenance and attorney fees. The Judge keeps approving my exs requests for more time. My attorney has filed a Final Decree with the Judge. How long can the Judge take to sign a Final Decree (months or years)? What else could my attorny do to push along my case? No one but me wants the divorce to be done
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How long do I have to file annulment papers in the state of Arizona? in other words what is the statute of limitations on time?
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I am an American citizen and got married in India. I been staying away from my wife for almost 2 years. To file for divorce do I have to file in India or here to be valid?
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Due l can't afford a lawyer I want to start the process of my divorce by myself. No children, property or nothing to fight for. Could you please help me on how to do it, where to go or give me any advice about i
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How do I file a contempt of court because husband is not paying temporary spousal maint. plus he's changed titles on vehicles and property/house?
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How do i go about divorcing a native american if we married at the end of Feburary of this year.
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i need some help asap to fill divorce paper i have 2 children and never work always stayed home
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How can we separate finances during our sepatation? I want to buy a house of my own with out obligating him or puting myself at risk of it being considered community property. He has moved out and our home is up for sale.
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I have been seoerated from my husband for the last 8 week. He told me to take my two boy age 6 & 8 and move to my sisters in Nevada. I have both boys in school here and have a new job . befor my paper were filed with the Nevada. He filed in AZ. I was served today with paper stating I must return the children to Flagstaff. I need to know what I can do to appeal this discision. My husband has anger issues he is bypolar and has very eratic behavior
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