American Indian/Alaska Native victims of sexual violence may need to access divorce or dissolution of marriage proceedings in tribal or state courts. This need may arise when a victim has survived marital or spousal rape or in cases where the stressors of surviving sexual violence have been a contributing factor to the ending of a marriage.
Divorce or dissolution proceedings are important for American Indian/Alaska Native victims of sexual violence for a number of reasons. Without a formal divorce order or dissolution decree, victims may face numerous challenges, even if they have physically separated from the spouse for a period of years:
When initiating divorce proceedings, it is important to file in the correct jurisdiction. Couples domiciled or living within the same tribal jurisdiction must file for divorce in tribal court. If children are involved, in general, the divorce should be filed in the jurisdiction where the children have been domiciled for the past six months. For more information on divorce for American Indian/Alaska Native victims with children you may visit the Legal Resource Center on Violence Against Women at: www.lrcvaw.org
4015 E. Paradise Falls Dr. Suite 131, Tucson, Arizona 85712
Phone: (520) 623-8192
Fax: (520) 623-8246
Copyright © 2019 - niccsa.org
Site Design - CS Design Studios
*National Tribal Trial College 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.