Lac Courte Oreilles Law Library
Lac Courte Oreilles Tribal Code of Law.

DMR.2.3.110 Final Hearing

(a) No divorce or legal separation may be brought to final hearing before the expiration of 60 days from (1) the filing of a joint petition or (2) the service on the respondent of the petition and initial order in a case initiated by a sole petition. Where the Court finds that the health or safety of either of the parties or of any child requires the final hearing to be held sooner, or that another emergency reason requires the final hearing to be held sooner, the Court may waive the requirement of a waiting period.

(b) The final hearing may be combined with the initial status conference if the parties consent, if the court approves, and if the waiting period has expired.

(c) At the final hearing the Court shall:

(1) Determine if grounds for divorce or separation exist.

(2) Receive and review any agreements of the parties, and shall approve them if they are fair and equitable to the parties, if they are based on full disclosure between the parties of relevant facts, and if they meet the best interests of the children, if any, of the parties. No agreement for placement or custody of a minor child shall be approved unless it specifically sets forth the child support obligations of the parties and the responsibility for providing health insurance to the minor child and for the payment of the minor child's health expenses uncovered by insurance. No agreement for placement or custody of a minor child shall be approved unless it meets the requirements of a parenting plan approved by court rule.

(3) If any issue is contested, either refer the parties to further discussion or mediation and adjourn the hearing, or conduct a trial on the contested issue. In any contested matter, the Court shall apply the standards for custody, placement, child support, maintenance, division of property, assignment of debts, and award of attorney fees and costs as set forth in Subchapter IV - X.

(4) Find facts and make conclusions of law as relevant to the petition.

(5) Grant or deny the petition and render judgment thereon, including in the judgment those matters as called for in the circumstances. The Court shall orally advise the parties and include in the judgment advice of relevant state criminal law provisions related to the withholding of placement and interfering with custody and placement. The Court shall also orally advise the parties and include in the judgment advice of the provisions of Section DMR.2.3.130, related to remarriage after divorce.