DMR.2.3.040 Petition for Divorce or Legal Separation

(a) An action for divorce or legal separation may be commenced either by one party through a sole petition, or by both parties through a joint petition.

(b) The petition shall include the following information:

(1) The name, address, age, occupation, employer, and social security number of each party, the membership status of each party in the Tribe, and the length of each party's residence on the Reservation.

(2) The date and place of the marriage.

(3) The names and dates of birth of each living minor child of the parties, natural or adopted, and whether the wife is pregnant.

(4) Whether any other action for divorce or legal separation has ever been filed or is now pending in any court, and if so, the name and location of the court, and the current status of the proceeding.

(5) Whether the parties have entered into any agreements for custody or placement of children, division or property or allocation of debts, support, or maintenance.

(6) Whether the parties are incompatible, in a divorce petition, or whether the marriage is broken, in a separation petition.

(7) A statement of the relief requested.

(8) Where there are minor living children of the parties, the following information for each child must be stated under oath, either in the petition, or in an attached affidavit:

(A) The child's present address, the places the child has lived in the last five years, the names and present addresses of the persons with whom the child has lived during that period.

(B) Whether the party has participated as a party, witness, or in any other capacity in any other litigation in any court concerning the custody or placement of the child.

(C) Whether the party has any information about any other pending custody or placement case involving the child in any other court.

(D) Whether the party knows of any other person not a party to the action who has physical placement of the child and has or claims rights of placement or custody of the child.

(9) Where the petitioner does not have information as to any item required by this section, the petitioner shall so state.