Jurisdiction Archives - Ohio Family Law Blog

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

native american divorce 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”

Jurisdiction – Divorce Wars Between Courts

Jurisdiction is a common question in many cases. In Dayton, Ohio, the question arises in divorce or dissolution cases when married parties spend their entire married life as residents of one state; and when the marriage is in decline, one of the parties moves to another state and then seeks to have his/her divorce or dissolution in the state in which the party moved.

This is not often problematic because the question of whether or not the new state has jurisdiction (the right, power, or authority to administer justice by hearing and determining controversies) is never raised. Often times, the spouse who stayed in the state where the marital relationship existed does not object to jurisdiction. The spouse in the marital state, generally the defendant, will file his or her Answer, and the case will proceed as any divorce or dissolution case. However, there are certain times where this is just not the case. Sometimes the defendant will object to the new state’s jurisdiction. They will argue that the court does not have the right to make rulings against their person or their property. This is often true as no state … Read More...