Native American Divorce Court: Potential Issues When A Spouse Is A Member Of A Native American Tribe

Does a State Court Have Jurisdiction Involving Native American Couples In Divorce, Domestic Relations And Marital Assets?

native american divorceThroughout the years and probably over dozens of cases, the United States Supreme Court has it made clear that Native American tribes are self-governing and sovereign entities whose powers are only limited by the federal government. As a result, reservations are considered independent of state and local power.  With that in mind, what happens when a state court is presented with a divorce where one spouse is Native American?  Does a state court even have jurisdiction (the right to hear a case and make a decision), or power over an enrolled tribal member?  Does a state court have the ability to divide Native American assets upon divorce?

To start, a Native American tribe has jurisdiction over any domestic relations dealing with their members or arising out of their land.  However, in 1953, Congress enacted Public Law (PL) 280 (codified as 18 U.S.C. 1360).  This federal law established a method whereby states may assume jurisdiction over criminal offenses involving Native Americans on tribal lands. In addition, PL 280 opened state courts up as forums for civil litigation that had previously only been allowed in … Read More... “Native American Divorce Court: Potential Issues When A Spouse Is A Member Of A Native American Tribe”