Section 1

CHAPTER VII

Persons

lXMESTIC REIATIONS

Section 1.1

section 1.2

Section 1.3

Section 1.4

Section 1.5

Minors DefinedMinors are:

1. ~les under eighteen (18) years of age.

2. Females under eighteen (18) years of age.

3. Provided, that any real.e or fenale who has beenmarzi.ed shall be o::npetent to enter a contract,nortgage, deed of trust, bill of sale, and con­veyance I and sue or be sued thereon ..

Unbom ChildA child conceived, but not yet born , is to be deerredan existing person so far as nay be necessary for itsinterests, in the event of its subsequent, birth.

Contracts of Minorsa. Disaffirrrance. In all cases other than those

specified bel"'" the contract of a minor, ifmade while ha is an urmarried minor, may bedisaffimed by the minor himself, either beforehis majority or, in case of his death within thatperiod, by his heirs or personal representatives.

b. Necessaries. A minor can not disaffinn acontract otherwise valid, to pay the reasonablevalue of things necessary for his support, orthat of his family, entered into by him when notunder the care of a parent or guardian able toprovide for him or them.

c. Authorized by law. A minor can not disaffinnan obligation otherwise valid, entered intoby him under the ""Press authority or directionof a statute or law.

Contracts of IdiotsA person entirely W1.thout understanding has not powerto make a contract of any kind, but he is liable forthe reasonable value of things furnished to himnecessary for his support or the support of his family.

Contracts of Insane Personsfr. General. A conveyance or other contract of a

person of unsound mind, but not entirely withoutunderstanding, made before his incapacity hasbeen judicially detennined is subject to

rescission ..

b. After Adjudication of Incapacitx:. After hisincapacity has been judicially detennined, aperson of unsound mind can rrake no conveyance orother contract, nor delegate any paver or troveany right until his restoration to capacity.

191

IIIII~IIsIiIIII,ii

I\I

section 1.5

Section 2

Section 2.1

Section 2.2

(oont. )But a certificate fran the rredical superintendent orresident physicianof the insane asylum to which suchperson may have been camrl.tted, shCMing that suchperson has been discharged therefran cured and re­stored to reason, ·shall establish the presunptionof legal capacity in such person fran the tirre ofsuch discharge.

Marriage

DefinitionMarriage is a personal relation arising out of acivil contract, to which the oonsent of parties capableof making it is necessary. Consent: alone will notconstitute a marriage; it must be. follONed by a solem­nization,@by a mutualass~marital rights,duties or obligations. At tho 0 tion f thepartles,marriage~ be initiated and"oonsmmated acoordingto the triBar custans or camon law tr_ad.,).tio.!).

Persons Who May MarryAny unmarrlea maJie of the age of 18 years or older,and any unmarried ferrale of the age of 18 years orolder, and not otherwise disqualified, are capable ofconsenting to and consmmating marriage. Providedthat. if the male party to the oontract is under theage of 18 and not less than 16 years of age, or if thefemale party to the contract is under the age 18 and notless than 16 years of age, the license shall notbe issued except upon the oonsent in writing dulyaclmowledge:l & swom to by the father, nother orguardian of any such person if there be either. Fro­vided further, that where the ferrale is under theage of 16, or the male is under the age of 16, thelicense shall not issue except upon the oonsent inwriting duly acknCMledged or swom to by the father,nother or guardian of such person if there by any such,and upon order of the oourt. Such order shall besecured upon petition of any interested party whichpetition shall shCM that the female minor under theage of 16, or the male minor under the age of 16, isphysicallyand/or rrentally so far developed as toassurre full marital and perental duties, and/or thatit is to the best interest of society that the marriagebe pennitted, A hearing shall be had on such petitionforthwith or at such tirre and upon such notice asthe oourt may designate. The judge shall secure frana physician his opinion as an expert as to whethersaid person is capable of assuming full martial dutiesand/or that it is to the best interest of society.If said court is satisfied fran the evidence that suchperson is capable of assuming full marital duties andand/or that it is to the best interests of society, saidcourt shall rrake an order to that effect.

192

I

section 2.3

Section 2.4

Section 2.5

Section 2.6

Section 2.7

Section 2.8

section'2.9

section 2.10

Proof of Consent and ConsLllTmationConsent to and subsequent consuarratrion of rrarriageffi3y be ll'anifested in any form and ffi3y be proved underthe sarre general rules of evidence as facts in othercases.

Voidable Marriages - Physical Incapacity - Fraud or ForceIf either party to a marriage be incapable from physicalcauses f'rcm entering into the martial state, or ifthe consent of either be obtained by fraud or force,the marriage is voidable.

Incestuous MarriagesMarriages between parents and children, between brothersand sisters of the one-half as well as the whole blcod,and between uncles and nieces I or aunts and nephews I

are incestuous and void fran the beginning, whetherthe relationship is legitill'ate or illegitill'ate.

Marriages Between First CousinsAll rrarriages between first cousins are probibited.

Polyganous MarriagesA subsequent rrarriage contracted bY any person duringthe life of a forner husband or wife of such person,with any person other than such forner husband orwife, is illegal and void from the beginning unless:(ll the forner rrarriage of either party has beenannulled or dissolved; or, (2) such fonner husbandor wife was absent and not known to such person to beliving for the space of five successive years :imredi­ately preceding, or was generally reputed, and wasbelieved by such person, to be dead at the time thatthe subsequent rrarriage was contracted. In eitherof which cases, the subsequent rrarrlage is valid until,its nullity is adjudged by a =npetent tribunal.

Recognition of Foreign Ma=lagesAll marraaqes contracted without the Fort HallIndian Reservation, which would be valid by the lawsof the state or Country in which the sarre were con­tracted, are valid in the jurisdiciton of theshoshone Bannock Tribal Court.

Solannization of Marriagei$rriage must be solannized, authenticated andrecorded as provided in this Chapter, but nonccmpl.i.ancewith its provisions does not invalidate any lawfulnarriage ..

Duty of Person OfficiatingAll persons herein authorized to solemnize marriagesmus t ascertain and be assured of:

1. The identity of the parties.

2. Their real and full narres and place of residence.

3. That they are of suff'Lc.i.ent; age to be capableof contracting roarriage. 191

I·II!

I!

Section 2. 11

section 2. 12

Section 2.13

Section 2.14

section 2. 15

4. If the male is under the age of eighteen (18)years, the consent of the father, nother orguardian, if any such, is given,br that suchnonaged person has been previously but is not atthe tllre IMrried; and that the parties applyingfor the rites of IMrriage, am:l Il\3king suchcontract, have a legal rights so to do.

By Nhan SolemnizedMarriage may be solemnized bY any Judge of the ShoshoneBannock 'Iribal Court, or any priest or minister of thegospel of any denanination.

Form of CerenonyNo particular form of the cerenony of marrdaqe isrequired, but the parties must declare, in the presenceof the person solemnizing the marrLaqe that they takeeach other as husband and wife.

Examination of Wiblesses'!hE! Pexson solenu.zlllg the marraige my administeroaths and examine the parties and witnesses for thepurpose of satisfying himself that the contractingparties are qualified under the requirerrents ofthis bhapter.

Validity not Affected bY Want or AuthorityNo marnage solemnized bY any person professd.nq to bea judge, or minister, is deened or regarded void, noris the validity thereof to be in any way affected onaccount; of any want of j urisdicti.on or authority;provided, it be consurrated with a full belief on thepart of the persons so married, or either of than thatthey have been lawfully joined in marriage.

APPlication of certificate of MarriageAll persons desiring to have thar marraige solannizedin accordance with the provisions of this Chaptsar­shall fixst make application for a certificate ofmarraige with the clerk of the Shoshone Banr!ock 'IribalCourt.

Before a certificate of marriage shall issue theapplicants shall present to the clerk a certificatefran a licensed physician certifying that the appli­cant has been thoroughly examined for evidence ofveneral disease, including a standard serologicaltest for syphilis, made not nore than thirty (30)days prior to the date of issuance of such license,and that in the opinion of the the physician, theapplicant either is not infected with syphilis or otherveneral disease, or if so infected is not in a stageof such disease which is or may becorre cornnunicableto the rrar.i tal partner.

194

•

Section 2. 16

Sectioo 2.17

Section 3

Section 3.1

After the filing of such nedical certificate andpayment; of the required fee to the clerk, the clerkshall issue to the applicant a certificate of mar-r'ai.qein blank who shall then present said certificate tothe person officiating at the narriage cererrony.Upon a:npletion of the marraige cererrony the personsolemnizing such shall ccnplete and sign the certifi­cate of na=aige and shall then deliver it to theclerk of the above rrentrloned oourt within ten daysafter the cererrony. The clerk shall then place theseal of the Shoshone Bannock Tribes upon the originaland place a oopy in the oourt files. The originalhearing the seal shall then be sent to the na=iedoouple.

Solemnization Without Authoritylob person shall be authorized to solemnize a na=aigewithout first having before them a certificate ofnarriage issued by the clerk of the Shoshone BannockTribal OJurt.

If any person shall presune to solemnize any na=aigebetween parties without such a certificate, or withJ<:r1a.lledge that either party is legally inconpetentto oontract natrinony as provided for by the law ofthis Chapter, he shall be deerred guilty of a cr:i.nE,and upon oonviction thereof, shall be punished I::!i afine of not less than fifty dollars ($50.00) nornore than two-hundred dollars ($200.00).

Penalty for False-RetilmIf any P"rSOn, authOrized to solemnize marra'-geshall wilfully nake a false return of any marraqo,he shall be deered guilty of a cr:i.nE and, upon con­viction thereof shall be punished by a fine of notless than one-hundred dollars ($100.00), and byinprisorurent for not less than three (3) rronths ,

Annu1rrent

=unds for AnnuJlrentA marriage nay be annulled for any of the follCMingcauses existing at the tirre of the marriage:

(1) 'Ihat the party in whose behalf it is sought tohave the :rmraige annulled, was under the ageof legal oonsent, and such na=aige was con­tracted without the consent of his or herparents or guardian or persons having chargeof him or her unless, after attaining the ageof consent, -such party for any tirre frelycohabits with the other as husband or wife;

195

III

II

II~r!

section 3.2

(2) nat the fomer husband or wife of either partywas living. and the mrrriage with such fomerhusband or wife was the in force'

(3) nat either party was of unsound Mind, unlesssuch party, after coming into reason. freelycohabited with the other as husband or wife,

(4) nat the consent of either party was obtained byfraud. unless such party afterward. with fullknowledge of the facts. constituting the fraudfreely cohabited with the other as husband orwife:

(5) nat the consent of either party was obtained byforce, unless such party afterwards freelycohabited with the other as husband or wife·

(6) nat either party was, at the tine of mrrriage,physically incapable of entering into themrrried state, and such incapacity continues andappears to be Lncurabfe ,

Action to Annul - Parties and LimitationsAn actiol1 to obtain a degree of nulllty of mrrriage,for causes rrentioned inthe preceding section. mustbe carrrenced within the periods and by the partiesas fOllows:

(1). For causes rrentioned in SUbdivision 3.1 (1),by the party to the mrrriage who was mrrriedur:der the age of legal consent, within fouryears after arriving at the age of cxmsent,or by a parent, guardian, or other personhaving charge of such non-age I1\3.le or fel1\3.le,at any tine before such m:rrried minor hasarrived at the age of legal consent.

(2) For causes rrentioned in Subdivision 3.1(2}by either party during the life of the other,or by such fonrer husband or wife;

(3) For oauses mentrloned in Subdivision 3.1 (3)by the party injured, or relative or guardianof the party of unsound mind, at any tinebefore the death of either party:

(4) For causes rrentioned in .Subdivision 3.1 (4)by the party injured, within four years afterthe discovery of the facts constitutincr afraud.

(5) For causes rrentioned in Subdivision 3.1 (5)by the injured party, within four years afterthe rrarriage ~

(6) For causes rrentioned in Subdivision 3.1 (6)by the injured party, within four ;ears afterthe m3.rTiage.

196

)

Section 3.2

Section 3.3

Section 3.4

Action to Annul - Parties & LimitationsAn action to obtain a decree of nullity of marriagefor causes rrentioned in the preceding section, mustbe commenced within the periods and by the pertiesas follows:

(1) For causes rrentioned in Sub'livision 3.1(1) bythe party to the marriage woo was marriedunder the age of legal consent, within fouryears after arriving at the age of consent,or by parent or guardian or other personhaving charge of such non-age male or female,at any time before such married minor hasarrived at the age of legal consent.

(2) For causes mentioned in Sub'livision 3.1 (2) byeither party during the life of the other, orby such former husband or wife.

(3) For causes mentioned in Sub'livision 3.1(3) bythe party injured, or relative or guardian ofthe party of unsound mind, at any time beforethe death of either party.

(4) For causes mentioned in !1ub'livision 3.1(4) bythe party injured, within four (4) yearsafter the discovery of the facts constitutinga fraud.

(5) For causes rrentioned in Sub'livision 3.1(5) bythe injured party, within four (4) yearsafter the marriage.

(6) For causes mentioned in Sub'livision 3.1 (6) bythe injured party, within four (4) yearsafter the marriage.

Legitimacy of ChildrenWhen a marriage is annulled for any reason, otherthan for fraud in that the wife is pregnant with achild from a man other than the husband, childrenbegotten before judgmenj:: are legitimate and succeedto the estates of roth parents. The Court may atthe time of granting the annulment or at any futuretime, make necessary orders for the support of saidchild or children as the circumstances and surround­ings of the parents may require.

Custody of ChildrenThe Court may award the custody of the children of amarriage annulled on the qround of fraud or force tothe innocent parent, and may also provide for theireducation and maintenance out of the property of theguilty party. Provided, however, that the award ofcustody of such children must be based on a con­sideration by the Court of the best interests ofsaid children.

197

section 3.5

Section 4

Section 4.1

Section 4.2

Section 4.3

section 4.4

Section 4.5

Section 4.6

Sectionn 4. 7

section 4.8

COnclusiveness of JudgrrentA judgrrent of nUllity of marriage rendered isconclusive only as against the parties to the actionand those claiming under th6TI.

Divorce - Grounds & Defenses

Dissolution of MaLTiageMarriage is dissolved only by (1) the death of one ofthe parties, or (2) the judgrrent of a COurt of COI1r

petent jurisdiction decreeing a divorce of the parties.

Effect of DecreeThe effect of a judgrrent decreeing a divorce is t.orestore the parties to the state of unmarried persons.

Causes for DivorceDivorces may be granted for any of the followingcauses: (1) Adultery (2) EKtrene Cruelty(3) Wilful Desertion (4) Wilful Neglect (5)Habitual Int6Tlperance (6) COnviction of Felony(7) l'ihen either the husband or wife becorres perm­

anently insane or (8) I=econcilable differences.

AdulteryFor purposes of this chapter adultery is the volun­tary sexual intercourse of a married person with aperson'other than the offender's husband or wife.

EKtr6Tle CrueltyExtr6Tle cruelty is infliction of grievous bodilyinjury or grievoUs mental suffering upon the otherby one party to the marrige.

willful Desertionwillful desertion is the voluntary separation of oneof the married parties fran the other with intent todesert..

willful NeglectWillful neglect is the neglect of either spouse, havingthe ability to do so, to provide for his/her spouse,the carrron necessities of life, or it is the failureto do so by reason of idleness.

Habitual Int6TlperanceHabitual int6Tlperance is that degree of int6Tlperancefran the use of intoxicating drinks or other sub­stances disqualifies the person a great portion ofthe time fran properly attending to business orwhich would reasonably inflict a course of mentalanguish on the innocent party.

198

Section 4.9

Section 4.10

section 4.11

Section 4.12

Section 4.13

Section 4. 14

section 4. 15

Section 4. 16

Insanity a Ground for DivorceA divorce may be granted for the cause of permanentinsani ty of the spouse; provided, that 00 divorceshall be granted under this section unless such in­sane person shall have been duly and regularly con­fined in an insane asyltnn for at least three yearsnext preceding the ccmmencement of the action fordivorce nor unless it shall appear to the Court thatsuch insanity is permanent and incurable.

Irreconcilable DifferencesIrreconcilable differences are those grounds whichare determined by the Court to be substantialreasons for not continuing the marriage and whichmake it appear that the marriage should bedissolved.

Continuation of Causeswilful desertion, wilful neglect or habitual intemp­erance must continue for six (6) months before anyis ground for divorce.

Separation Without CohabitationWhen married persons have heretofore lived or shallhereafter live separate and apart for a period ofone (1) year or nore without cohabitation, ei therparty to the marriage may sue for divorce whichshall be granted upon proof hereof.

Denial of DivorceDivorce must be denied upon the showing of ei therlimitation and lapse of time, or collusion.

Reserved for Future Use

Reserved for Future Use

Limi tationsA divorce must be denied when (1) the cause isadultery and the action is not corrmenced within one(1) year after the conmission of the act ofadultery, or after its diseovery by the injuredparty, (2) when the cause is conviction of felonyam the acticn is not conmence before the expirationof one (1) year after a pardon or the termination ofthe period of sentence, or

199

section 4.17

Section 4. 18

Section 4.18.1

Section 4. 19

section 4 G 20

Section 4.22

(3) in all cases when there is unreasonable lapse oftime before the conmencement of the action.

CollusionCollusion is an agreement between husband and wifethat one of them shall conmit, or appear to haveconmitted, or to be represented in court as havingcommitted, acts constituting a cause of divorce forthe purpose of enabling the other to obtain adivorce, and is a bar to an action for such acts.

Residence of Plaintiff RequiredA divorce must not be granted unless the plaintiffhas been a resident of the Fort Hall Reservation forsix (6) weeks next preceding the conmencement of theaction.

Juris<HctionThe Shoshone Bannock Tribal Court shall exercisejurisdiction over a divorce petition or complaintwhere the requirement of section 4.18 has been metand where either party is an Indian as defined bythis Code.

Domicile of PartiesIn actions for divorce the presumption of law thatthe domicile of the husband in the danicile of thewife does rot apply. After separation each may havea separate domicile, pending proof upon actual resi­dence, and rot upon legal p:-esLlllptions.

Default and Uncorroborated Statements ­Corroboration of Residence REquirementsA divorce may be granted upon the default of the de­fendant, upon the uncorroborated statement,admission or testimony of the plaintiff, but theCourt ITUst require rorroJ::oration of the residencerequirements provided by this Law and Order Code.

Allowance of SUPfOrt Money .While an action for divorce is pending the Courtmay, in its discretion, require either spouse to payas alimony any money necessary to enable the otherspouse to support himselfjherself or theirchildren.

Custody of ChildrenIn an action for divorce the Court may, before orafter jUdgment, give such direction for the custcdy,care and education of the children of the marriageas may seem necessary or proper and may at any timevacate or modify the same.

200

section 4.23

Section 4.24

Section 4. 25

Section 4. 26

Section 4.27

Section 4.28

Al.iJTony\'lhere a divorce is granted the Court nay canpel eitherparty to provide for the naintenance of the childrenof the narriage, and to make such suitable allowanceto the other party for his/her support as the Courtnay deem just, having regard to the circumstancesof the parties respectively, and the Court nay frantina to tina modify its orders in these respects.

AllCMance for Separate Property WithheldtoJflen the wife has a sufficlent separate estate orthere is canmunity property sufficient to give heral.iJTony or a proper support, the Court must withholdany allowance to her out of the separate propertyof the husband.

Allowance for Support of Children'!he a:mnunity property and separate property may besubjected to the support and education of the childrenin such proportions as the Court deems just.

Support Payments Paid to Clerk - Prosecutor toEnfo=e PaymentsAll payrrents for child support ordered pursuant toany divorce decree of the Shoshone Bannock TribalCourt shall be paid to the clerk of said courtunless otherWise ordered by said court/ and saidclerk shall keep a record of payrrents made undersaid decree and shall transmit said payment.s to theperson or persons entitied thereto by virtue of saiddecree. Said clerk shall notify the Tribal Prosecutorof any failure to carply with the rerms of paymentsspecified by any such decree, and said Tribal Prose­cutor shallbe respcnsible for enforcing said decreethroudi irrplerrentation of applicable Tribal, Stateand/or Federal statues or legislation.

I.egitinacy of IssueWhen a divorce is granted for the adultery of thewife, the legitinacy of children begotten of herbefore the canmission of the adultery is notaffected: but the legitinacy of the other childrenof the wife nay be determined by the Court uponevidence in 'the case.

Stay of ProceedingsIn any action of divorce where grounds for divorcehave been established, if the court finds thet attemptsat reconciliation are practicable and to the bestinterest of the family, the court nay stay theproceedings for a period not to exceed ninty (90)days where there are minor children in the family.

201

fiI!

IiIIH

IIiIII!Ii~

III

III!!ill

I!

~on 4.29----,"'- .

Section 4.30

Division of PropertylJefore ordering the division of any property of theparties to a divorce action, the Court will makeinquiry as to whether or not any of the property isrrortqaged or encurrioered, and upon finding that thereis a rrortgage or encimberance against the property theCourt will enter appropriate orders to protect thecreditor.

Divorce Action - HeM Cormence:JA divorce action is commenced by filing a complaintwith the Shoshone Bannock Tribal Court and peying thefiling fee.

Any person who is financially unable to pey the filingfee for a divorce action nay file an Affidavit ofIndigency and Request for Hearing the Affidavit.

'!he Affidavit of Indigency shall include an itemi­zation of assets and liabilities of the affiant, aswell as his/her narre and address, whether affiant ispresently erployed, salary or incare, and any otherinfornation which nay be helpful to the judge indetermining whether to waive the required filing fee.

Upon receiving tha Affidavit of Indigency and Requestfor Hearing the Affidavit. the Court Clerk shallset the natter for hearing on the next available courtdate if it is satisfactory with the affiant. In noevent will the Clerk file the divorce complaintuntil either a final detenni.nation on the Affidevitby a Judge or the payment of the .filing fee by theplaintiff. A hearing on the Affidavit will bescheduled no later than five (5) w:>rking days afterthe Clerk receives the Affidavit and Request.

'!he Judge hearing the Affidavit of Indigency mustbe satisfied by the Affidavit and evidence presentedat the hearing that the affiant is unable to ray therequired filing fee and is unable to obtaan the feeeither by personal loan fran relatives, or a lendinginstitution, or by selling sore personal propertywhich belongs to the affiant. or by sare otherreasonable method. In no event will the court al.Iowthe affiant to pay to the oourt the filing fee ininstal1Irents. '!he filing fee must be peid in cashin advance of the divorce hearing.

It is not necessary that any other parties be notified of thehearing on the Affidavit of Indigency. '!his nay bea closed hearing if the Judge so decides. The onlyparty which is required to· be present is the affiant.If the affiant fails to appear at the time and placescheduled for the hearing without prior notificationof the court. the court shall deny the Affidavit andso indicate on the record ..

202

section 4. 30

Section 4.31

section 4. 32

Section 4.33

(cont..)N:> filing fee shaltbe required before a hearingcan be scheduled for an Affidavit of Indigency.

Contents of Divorce CrnplaintThe divorce carplaint shall set forth the follCMinginforrration:

(1) Name of plaintiff,

(2) Name of defendant,

(3) that the plaintiff has been aresident of theFort Hall Indian Reservation FOrt Hall, . Idahosix weeks prior to the c:cmrencenent of thedivorce action,

(4) that either par1;y is a rnenber of a Federallyrecognized tribe, or is of Indian descent,naming the particular tribe of each party.

(5) Tine and place of narriage,

(6) Names and ages of the children.

(7) list of the carrrnm1ty property and separateproperty and separate property of the parties,

(8) grounds for divorce, and

(9) a prayer for the relief desired, including arestraining order if necessary.

service of Divorce CrnplaintUpon the filing of a elivorce carplaint, the Clerk ofthe Shoshone Bannock Tribal Court shall assign acase number to the carplaint and issue a sunrronsand shall deliver a capy of the crnplaint togetherwith the original stmrons and a copy of the SllI!IIDn8to the proper pclice authority for service. A copyof the carplaint and the SUrnrons shall be served uponthe defendant, and return of service made by theofficer upon the original sunrrons ,

Default Divorce'fue surmons shall specify that the Defendant hastwenty days to answer the divorce carplaint. If hefails to answer the divorce carplaint within twentydays fran the day of service upon him the Court naygrant the plaintiff a default divorce. Under nocircumstances shall a divorce decree be entered inless than U'lenty days fran date of service upon thedefendant.

203

section 4.34

Section 5

Section 5.1

Section 5.2

Section 5.3

Show cause Order and Restraining OrderA copy of every show cause order or restraining ordershall be personally served on the defendant. If theplaintiff in his or her canplaint prays that thedefendant be ordered to pay child support duringthe pendency of the divorce action, then the Courtmay, upon good cause being shown from the canplaint,order the defendant to pay certain SlllllS to theplaintiff as qhild support or appear before the courton a date specified in the Order to show cause, ifany he has. why the sims should not be paid. If thedefendant fails to pay the SlllllS or fails to appear.he may be charged with contempt of court and a benchwarrant issued for his arrest. if a defendant failsto pay child support payments ordered under a divorcedecree, the Court may issue a ShCM cause Orderdirected to the defendant, and the Order shall bebased upon an Affidavit of the plaintiff statingthat the fact that the defendant has failed to paychild support is thereby sworn to by the affiant.Upon good cause being shown. the Court may issue atanp::>rary restraining order against the defendantordering him or her to refrain fran enteringcertain premises or to appear before the Court atthe time and place specified in the Order to showcause why he or she should not be restrained.

Carmunity and Separate Property

Mutual CbligationsHusband and wife contract toward each other obligationsof mutual respect, fidelity and support.

Separate PropertyAll Pro~~itberthe husband or the wife owned byhim or he for marriage, and that acguired afterwardby either gi ·';··fX=quest, devise or desCent, or that whlC!h

tJ1er he or sl'i"e""sha:11 acx)lUre w~tn the proceedS of ftis or, her separate prooorly I by way 0 rroneys or 0 er prope Y I

shall remain his or her sole ~I?roperty.Duringthe continuance of the marriage~asl5aIldand wife havethe rnanagerrent, control and absolute power of disposition ofhis or her separate property, and may bargain, sell andoonvey that property. provided, that the husband shall bebound by any contracts with reference to separate propertyto no greater extent or effect than his wife under similarci.rcimst.ances =uld be bound by his contracts. Nothing inth.ls section shall invalidate, alter or change any marriagesettlarent now made or to be made hereafter.

Corrmunity PropertyAll other property acguired during marriage by eitherthe husband or wife. is carmunity property. Realproperty conveyed by one spouse to the other shall bepresumed to be the sole and separate estate of thegrantee and onl,y the grantor spouse need executeand acknowledge the deed or other Lnstirument; of con-

204

Section 5.4

Section 5.5

Section 5.6

Section 5.7

Section 6

veyance notwithstanding any other prOViSion of thisChapter. All deeds or conveyances made inconformity herewith are hereby validated.

Liabilitr of Separate PropertyThe separate property of either spouse is not liablefor the debts of the other spouse contracted beforeor after the marriage.

Control of Community PropertyEither the husband or the wife shall the right tomanage and control the corrmunity property, andeither may bind the community property by contract;except that neither spouse may sell, convey orencumber the corrmunity real estate unless the otherjoins in executing and acknowledging the deed orother instrument of conveyance, by .nich the realestate is sold, conveyed or encumbered. Anycorrmunity obligation incurred by either spousewithout the consent in writing of the other shallnot obligate the separate property of the spouse .nodid not SO consent; provided, however, that eitherspouse may by express power of attorney give to theother the o:xuplete power to sell, convey or encumberoommunity property, either real or personal. Alldeeds, conveyances, bills of sale or evidences ofdebt heretofore made in conformity herewith shall bevalidated.

Support of ?PauseWhere me spouse is not able or competent to supporthimself/herself, and said spouse has no separate oroommunity property, it shall te the dUty of theother spouse to support said infirm from theseparate property of the able spouse, 9) long asthey shall continue as man and wife.

Property Rights: Settlement Agreements(a) The property rights of husband and wife are

governed by this Chapter unless there is amarriage settlement containing stipulationscontrary thereto.

(b) All contracts for marriage settlements must hein wri ting, signed by both spouses andnotarized.

(c) A minor capable of contracting marriage maymake a valid marriage settlement agreement.

Full Faith and Credit of State Divorce DecreesThe Shoshone Bannock Tribal Court may grant fullfai th and credi t to any final judgment divorcedecrees issued by any State court or an FederallyrecogniZed Indian Tribal Court, except as otherwiseprovided in this section.

205

section 6 (cant. )The petitioner must show the Court that the judgnPJ1tsought to be enforced is the final decision of therendering jurisdiction and that no part of that judg­ment is currently on appeal. or subject to appealthat is, that the statutory time for appeal withinthat jurisdiction has elapsed.

The 'j'rdbeI Court, in the consideration of any petitionfor Full Faith and Credit in a final divorce decree,must be satisfied that the State Court did not exceedits jurisdiction by attanpting to order the divisionor liquidation of trust or restricted property of aShoshone Bannock tribal nenber, or any other Indianwho may have or possess trust or restricted propertywi thin the exterior boundaries of the Fort HallIndian Reservation. The Tribal Court shall notgrant Full Faith and Credit to any divorce decreewherein the rendering court exceeded its authorityand jurisdiction in dividing or liquidating trustor restricted property.

206