11.02.120 Petition for Divorce

(a) A petition may be filed in the Tribal Court upon the allegation that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.

(b) In the petition, the Petitioner shall make no other explanation of the grounds for divorce other than by the use of the language stated herein at paragraph A.

(c) A petition shall be filed with the Tribal Court on a form provided by the Tribal Court and must be dated, signed and verified by the Petitioner.

(d) The petition shall include the following:

(1) the language of paragraph A herein without further particulars;

(2) the basis for jurisdiction under Section 11.02.030;

(3) whether the divorce will be contested or uncontested;

(4) the complete current names and names before the marriage of all parties;

(5) the date and location of the marriage;

(6) whether a party is pregnant;

(7) whether there are any children of the parties or children born or adopted during the marriage;

(8) the complete names and dates of birth of any children born or adopted during the marriage;

(9) if the case involves any child, or if child support is requested, whether any other court has prior continuing jurisdiction of the child and, if so, the name of the court and file number;

(10) whether there is real or personal property or debt to be divided; and

(11) if the Petitioner requests spousal support, facts sufficient to show a need for such support and that the other party is able to pay spousal support.

(e) Each party shall attach to its first pleading a verified statement disclosing what real and personal property has come to either party by reason of the marriage, and how it has been disposed of, and what portion thereof still remains in the hands of either party. This statement shall not be made part of the public Tribal Court file.

(f) If custody of any child is to be determined, except as otherwise provided in paragraph G below, each party in its first pleading or in an attached verified statement, shall state:

(1) if reasonably ascertainable, the present address and the places where any child has lived during the last five (5) years, and the names and present addresses of the people with whom the child has lived during that period;

(2) whether the party has participated, as a party or witness or in another capacity, in another child custody proceeding with any child and, if so, the name of the court, case number of the child custody proceeding, and date of the child custody determination, if any;

(3) whether the party knows of a proceeding that could affect the current child custody proceeding, including a proceeding for enforcement or a proceeding relating to domestic violence, a protective order, termination of parental rights, or adoption, and, if so, the name of the court, the case number, and the nature of the proceeding; and

(4) the name and address of each person that the party knows who is not a party to the child custody proceeding and who has custody of any child or claims rights of custody or parenting time with any child.

(g) Notwithstanding paragraph F herein, a party is not required to disclose identifying information:

(1) to the extent such information is treated as confidential under applicable law; or

(2) if a party alleges in a sworn statement or under oath in the petition that the health, safety, or liberty of any party or any child would be put at risk by the disclosure of any identifying information. In such event, the Tribal Court shall seal and not disclose that information to the other party or the public unless the Tribal Court orders the disclosure after a hearing in which the Tribal Court considers the health, safety, and liberty of the party and the child and determines that the disclosure is in the interest of justice.

(h) In an action involving any children, or if child support or spousal support is requested, except as otherwise provided herein in paragraph I, the party seeking relief must attach a verified statement to the Petition, stating:

(1) the last known telephone number, post office address, residence address, and business address of each party;

(2) the name and address of each party's employer, if known;

(3) the estimated weekly gross income of each party;

(4) a physical description of each party, including eye color, hair color, height, weight, race, gender, and identifying marks;

(5) any other names by which the parties are or have been known;

(6) the name, age, birth date, social security number and residence address of each child involved in the action, as well as of any other child of either party;

(7) the name and address of any person, other than the parties, who may have custody of any child during the pendency of the action;

(8) the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period.

(9) whether the petitioner has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or parenting time with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any;

(10) whether the Petitioner knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;

(11) whether the Petitioner knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or parenting time with, the child and, if so, the names and addresses of those persons;

(12) the kind of public assistance for which the party has applied for or is being received by either party or on behalf of any child, provided that if public assistance has not been requested or received, that fact must be stated;

(13) the health care coverage, if any, that is available for any child; the name of the policy holder; the name of the insurance company, health care organization, or health maintenance organization and the policy, certificate, or contract number; and

(14) a proposed parenting plan.

(i) The information in the verified statement under paragraph H herein is confidential and shall not be released other than to the Tribal Court, the parties, or the attorneys for the parties, except by Tribal Court order and shall not be made a part of the public Tribal Court file. For good cause, the addresses of a party and any child may be omitted from the copy of the statement that is served on the other party. If any of the information required to be included in the verified statement is omitted, the party seeking relief shall explain the reason for the omission in a sworn affidavit, to be filed with the Tribal Court.

(j) The petition shall be accompanied by a filing fee for a civil action as may be specified by rules of the Tribal Court.