actual notice of its terms is a criminal offense under Spokane Law and will subject a violator to
arrest, and upon conviction, jail time not to exceed 1 year, and a fine of $300, or both.”
(f) Restraining orders issued under the Domestic Violence Protection Orders filed in conjunction
with a petition for Dissolution, Separation, or Annulment shall clearly state: “Violation of a
Protection Order for domestic abuse, with actual notice of its terms is a violation of Chapter 29,
and is punishable by jail time not to exceed 1 year and/or a fine of up to $5,000, or both.
(g) A temporary order or preliminary injunction:
(1) Does not prejudice the rights of the parties or any child which are to be adjudicated at
the subsequent hearings in the proceedings.
(2) May be revoked or modified before final decree upon a showing by motion and affidavit
of facts necessary for revocation or modification of a final decree.
(3) Terminates when the final decree is entered or when the petition for dissolution of
marriage, legal separation, or declaration of invalidity is dismissed.
Legislative History–Amended 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.
7-3.10 Irretrievable Breakdown; Finding. If 1 of the parties by petition or otherwise have stated under oath
or affirmation that the marriage is irretrievably broken, the Court shall make a finding that the marriage is
irretrievably broken and enter a decree of dissolution.
Legislative History–Amended 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.
7-3.11 Separation Agreement; Effect.
(a) To promote amicable settlement of disputes between parties to a marriage or parental
relationship attendant upon their separation or upon the filing of a petition for dissolution of
marriage, legal separation or declaration of invalidity, the parties may enter into a written
separation agreement containing provisions for payment of any debt, disposition of any property
owned by either of them, payment of any debt, and the parenting plan and support for their
children.
(b) In a proceeding for dissolution of marriage, legal separation, or declaration of invalidity, the
terms of the separation agreement, except for those terms providing for a parenting plan and
amounts of support for the children, shall be binding upon the Court unless it finds, after
considering the economic circumstances of the parties and other relevant evidence produced by
the parties, on their own motion or on request of the Court, that the separation agreement is
unfair.
(1) Child support may be included in the separation agreement and shall be reviewed in any
subsequent proceeding as to its reasonableness consistent with Section 7-3.14.
(c) If the Court finds the separation agreement unfair as to disposition of property and payment of
debt, it may request the parties to submit a revised separation agreement or may make orders
for the disposition of property or debt.
(d) If the Court finds that the separation agreement is fair as to the payment of debt and disposition
of property, and that it is reasonable as to the parenting plan and child support, the separation
agreement shall be set forth or incorporated by reference into the decree of dissolution, legal
separation, or declaration of invalidity, and the parties shall be ordered to comply with the
terms.
(e) If the separation agreement provides that its terms shall not be set forth in the decree or
declaration, the decree or declaration shall identify the separation agreement as incorporated by
reference and state that the Court has found the terms as to property disposition and
maintenance are fair and the parenting plan and child support reasonable.
(f) Terms of the agreement set forth or incorporated by reference in the decree or declaration shall
be enforceable by all remedies available for enforcement of a judgment, including contempt
proceedings, garnishment proceedings subject to limitations of Tribal law, and are enforceable
as contract terms.
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Revised Spokane Law & Order Code, 5/14/2013