CHAPTER 7 - DOMESTIC RELATIONS
Section 7-1 General Provisions
7-1.01 Purposes and Rules of Construction.
(a) This Code shall be applied to promote its underlying purposes which include:
(1) To provide adequate procedures for the ceremony and registration of marriage;
(2) To strengthen and preserve the institution of marriage and safeguard family
relationships;
(3) To promote the peaceful and fair settlement of disputes that have arisen between
parties to a marriage;
(4) To minimize the potential harm to spouses and their children caused by the process of
legal dissolution of marriage;
(5) To make reasonable provisions for spouses and minor children during and after Court
intervention;
(6) To provide adequate procedures for establishing the legal relationship existing between
a child and his/her natural or adoptive parents.
(b) This Chapter shall be exempt from the rules of strict construction and it shall be liberally
construed to give full effect to the objectives and purposes for which it was enacted.
7-1.02 Severability and Repealer.
(a) If any provision of this Chapter or its application to any person or circumstance is held invalid,
the remainder of the Chapter, or the application of the provision to other persons or
circumstances is not affected.
(b) This Chapter repeals and supersedes any and all prior domestic relations Codes.
7-1.03 Non-waiver of Sovereign Immunity. Nothing in this Chapter shall be deemed to constitute a waiver
by the Spokane Tribe of Indians of its sovereign immunity, rights, powers or privileges.
7-1.04 Custom/Other Law. As to any matters which are not covered by the codes, Codes and Resolutions
of the Tribe, or by the traditional customs and usages of the Tribe, the Tribal Court may be guided by
common law as developed by other Tribal, state or federal courts.
7-1.05 Terms.
(a) The terms and provisions of this Chapter shall be construed according to the fair import of their
terms, but when the language is susceptible of differing construction, it shall be interpreted to
further the general purposes stated in this Chapter.
(b) Where a term is not defined herein, it shall be given its ordinary meaning.
(c) Any reference to “he”, “him”, or other masculine terms shall include male and female persons.
(d) Any reference to a singular term includes the plural.
Section 7-2 Marriage
7-2.01 Persons Who May Marry.
(a) Marriage is a personal relationship between 2 persons of the opposite sex arising out of a civil
contract to which the consent of the parties is essential.
(b) No marriage license shall be issued or marriage performed unless the persons to be married are
of the opposite sex, and meet the following qualifications:
(1) Both persons to be married are at least 16 years old; provided that if either is less than
18 years of age, written consent to marry shall be signed by his/her parent or guardian,
properly notarized; and
(2) At least 1 of the persons to be married is an enrolled member of the Spokane Tribe of
Indians.
7-2.02 Prohibited Marriages.
(a) Marriages in the following cases are prohibited:
(1) When either party thereto has a wife or husband living at the time of marriage;
(2) When the parties thereto are nearer of kin to each other than second cousins;
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Revised Spokane Law & Order Code, 5/14/2013