American Indian/Alaska Native victims of sexual violence may need to access divorce or dissolution of marriage proceedings in Tribal or state courts. The need to obtain divorce or dissolution of marriage proceedings may arise when a victim has survived spousal rape or in cases where the stressors of surviving sexual violence have been a contributing factor to the ending of the marriage.
Divorce or dissolution proceedings are essential for American Indian/Alaska Native victims of sexual violence for several reasons. These reasons include the following:
When initiating divorce proceedings, it is essential to file in the correct jurisdiction. Couples domiciled or living within the same Tribal jurisdiction must file for divorce in Tribal court. Filing the divorce in the jurisdiction where the children have been living for that last six months is highly recommended.
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*NICCSA is a project of the Southwest Center for Law and Policy (www.swclap.org) This project is supported by Grant No. 2017-SA-AX-K001, awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.