Judical Code

Judicial Code

Chapter III : Divorce

Section 1-4

Section 1. Residency requirement.

The Prairie Island Mdewakanton Dakota Community shall have jurisdiction over all persons who have resided on its Reservation or on any allotted or tribally purchased lands, or any public domain land designated for Tribal use, for at least 90 days prior to commencing any action for the dissolution of a marriage before the Courts of the Prairie Island Mdewakanton Dakota Community.

Section 2. Definition.

A decree of divorce is the termination of the marital relationship and shall restore the parties to the state of unmarried persons.

Section 3. Grounds for divorce.

A divorce shall be granted if a Tribal Court of the Prairie Island Mdewakanton Dakota Community finds that there has been an irretrievable breakdown of the marriage relationship. The Tribal Court will find that there has been an irretrievable breakdown of a marriage if one of the spouses alleges an irretrievable breakdown and that there is no reasonable prospect of reconciliation.

Section 4. Filing fee.

A filing fee of not greater than $100.00 will be charged by the Clerk of Tribal Courts for the filing of divorce petitions. If a person is unable to afford the filing fee, upon petition to the Tribal Court, it may be waived.

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