This chapter establishes the Court procedures for the handling of marriages and divorces within the Aleut Community of St. Paul Island. All marriages and divorces before the effective date of this title, whether according to state law or tribal customs, are declared valid and binding.
(1) The St. Paul Island Tribal Court shall have jurisdiction over marriages and divorces of the members of the Aleut Community of St. Paul Island. Tribal customary or traditional marriages consummated after the effective date of this title shall be duly recorded with the records of the St. Paul Island Tribal Court by signing of a marriage register maintained by the Court Clerk. Each party must sign such register within five days of the customary or traditional marriage ceremony.
(2) The St. Paul Island Tribal Court shall have jurisdiction to hear and determine matters of divorce, separate maintenance, annulment, adoptions, determination of paternity and support, custody of minor children, and change of name.
(b) Marriage. A valid marriage hereunder shall be constituted by:
(1) The issuance of a marriage license by the Tribal Court or the State of Alaska, and by written contract shall be recorded with the Court Clerk.
(i) A marriage license shall be issued by the Tribal Court Clerk:
(A) Upon written application of an unmarried male and female eighteen (18) years of age or older; provided, that the application of a female under the age of eighteen (18) shall be accompanied by the written consent of the parent or legal guardian;
(B) In the absence of any showing that the proposed marriage would be invalid under any provision of this title or tribal custom and usage.
(ii) A marriage license that is issued by another court of competent jurisdiction shall be honored and recorded with the Tribal Court Clerk.
(2) The solemnization of the marriage can be performed by tribal or local customs, by a non-tribal judge within the city limits of St. Paul, by a Tribal Judge of the Aleut Community of St. Paul Island, by a recognized clergyman, or by a person licensed to perform marriage ceremonies by the Tribal Government of St. Paul Island.
(c) Solemnization. In the event a non-tribal judge, clergyman, tribal official, Tribal Judge, or any other person is authorized to solemnize a marriage, the authorized person to solemnize a marriage shall file with the Court Clerk a certification thereof within thirty (30) days of solemnization. The validity of any marriage is not affected by the absence of a ceremony.
(d) Invalid or Prohibited Marriages. Marriages which are prohibited or invalid under this title and chapter of the Tribal Code are:
(1) Where either party is lawfully married to another living spouse, unless the former marriage has been legally annulled or dissolved.
(2) Between ancestors and descendants of every degree; between a stepfather and a stepdaughter; between stepmother and stepson; between brothers and sisters, aunts and nephews, uncles and nieces; and between first cousins whether the relationship is of half or whole blood, legitimate or illegitimate.
(3) When marriages are prohibited by custom and usage of the Aleut Community of St. Paul Island.
(4) When either party is under the age of eighteen (18) and does not have the consent of the parent or guardian.
(5) All such marriages listed in this section are invalid for the purpose of this title.
(e) Grounds for Annulment or Voidable Marriage. A marriage may be voided or annulled by the St. Paul Island Tribal Court for any one of the following reasons upon the application of one of the parties:
(1) When either party to the marriage shall be incapable of consenting thereto.
(2) When the consent was obtained by force or fraud.
(3) When the applying party was of unsound mind at the time of the marriage.
(4) When either party was, at the time of the marriage, incapable of consummating the marriage and the incapacity is continuing.
(5) When the marriage was invalid on any of the grounds set forth in subsection (d) of this section.
(6) After termination for any of the foregoing defects, the parties continue to live together as husband and wife; the marriage shall not be subject to annulment for such defect.
(7) Procedure to annulment must be instituted by the party laboring under the disability or upon whom the force or fraud is imposed.
(f) Effects of Annulment or Voidable Marriage. The legitimacy of children conceived or born prior to a judgment of annulment shall not be affected by the judgment. The judgment shall be conclusive only as against the parties to the action and those claiming under them.
(g) Divorce. A marriage may be dissolved by divorce in the St. Paul Island Tribal Court for incompatibility of the parties for whatever reason. All proceedings under this chapter shall be in accordance with the procedures for civil actions provided in the Aleut Community of St. Paul Island Tribal Code and with the Rules of Civil Procedure.
(h) Actions of the Court Pending Divorce or Annulment. The St. Paul Island Tribal Court, in addition to the power of voiding or dissolving the marriage, shall have the power to provide an order as follows:
(1) Requiring the husband or the wife to provide for the separate maintenance of his or her spouse and children as the Court may deem just upon application thereof or in disposition of a divorce proceeding.
(2) Requiring the care, custody, and maintenance of the minor children of the marriage during the duration of the proceedings.
(3) Requiring the restraint of either spouse from, in any manner, molesting or interfering with the other or the minor children.
(4) Requiring the restraining and enjoining of either spouse or both from disposing of their property during the duration of the action, except as ordered by the Court.
(5) Entering and docketing as a judgment any order issued by the Court for either or both spouses to pay any monies falling due pending final Court action if payment is in default and order enforcement.
(i) Provisions of Judgment. All proceedings under this title shall be in accordance with the procedures for civil actions of this code and rules of the Court. In addition to voiding or dissolving marriages, the Court shall have the power to impose judgment as follows:
(1) For the future custody and care of the minor children of the marriage as may be in the best interest of the children.
(2) For the recovery from either or both spouses and to allow for the care and custody of such children such an amount of money as may be just and proper for such party to contribute toward an education and support thereof.
(3) For the recovery from either spouse such an amount of money or other personal property as may be just and proper for such party to contribute to the maintenance of the other.
(4) For the division and distribution of a party’s personal property in accordance with the rules of community property as mandated by the Tribe.
(5) For the recovery and delivery to each of the parties any of their personal property in the possession or control of the other at the time of the giving of the judgment.
(6) To restore the maiden name of the wife. [2008 Code § 6.5.1]