Does a State Court Have Jurisdiction Involving Native American Couples In Divorce, Domestic Relations And Marital Assets?
Throughout 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”
Obviously going through an unexpected or difficult divorce can be one of the most stressful experiences in an individual’s life. While many clients can navigate the process unassisted without professional help, others really cannot. Some people think that they can talk with family members or friends to help pull them through. Typically, however, those who are deeply distressed really need professional help by a therapist to guide them through the entire process and transition to their life post-divorce. Many people view having a therapist or counselor as a sign of weakness. It certainly is not. My experience as a divorce attorney for over 35 years is that when the attorney and therapist work together, it can often eliminate years of paralysis for a client.
Vikki Stark, a divorce recovery specialist and a family therapist for over thirty (30) years, published this book in 2015. Her stated purpose in writing the book was to make the “telling” to the children of the news that a family was going to be separating as non-traumatic as possible. To research this subject area, the author conducted over one hundred (100) interviews with children and with adults who were children when their parents separated and divorced. She also interviewed parents who had already done the “telling” to their children to learn about their positive and negative experiences in doing so. Finally, she read and researched many articles written by other professionals in the same field.
On September 5th, we posted a blog article about the necessity to be clear and precise in your divorce or dissolution documents if you chose to include a college expense provision. Truthfully, since my two sons have already graduated from college, I have not paid close attention to these escalating costs.
With the importance of higher education becoming more apparent every day, it is not uncommon for divorcing couples to decide to provide for their children’s college expenses. In Ohio, like many other states, domestic relations courts cannot ordera parent to pay these costs because the duty of support generally ends once a child reaches the age of 18 (or in some situations at 19) . Nevertheless, the parties can negotiate a division of the college expenses and incorporate it into a separation agreement.
A few years ago when Gwyneth Paltrow and Chris Martin announced they were “consciously uncoupling”, many rolled their eyes at what felt like pretentious language.
In a previous article written on July 25, 2015, titled, “