The Cherokee Code: Published by Order of the Tribal Council of the Eastern Band of Cherokee Indians

Article I - Marriage
Article II - Divorce

ARTICLE I. MARRIAGE

Sec. 50-1. Marriage.

The institution of marriage between a man and a woman is recognized in the territory of the Eastern Band and shall be officially solemnized by any ordained minister or any judicial official of the Cherokee court. For a marriage to be legally recognized, a couple seeking to marry shall obtain a marriage license from, and record it with, the register of deeds in their county of residence. Alternatively, members of the Eastern Band may elect to obtain a marriage license from, and record it with, the Cherokee court.

(Ord. No. 504, 12-20-2000)

Sec. 50-2. Full faith and credit.

A marriage duly solemnized under the laws of North Carolina or any other state or Indian nation shall be given full faith and credit within the Eastern Band's territory.

(Ord. No. 504, 12-20-2000)

Secs. 50-3--50.9. Reserved.

ARTICLE II. DIVORCE

Sec. 50-10. Divorce.

Either spouse in a marriage may obtain a divorce, without a showing of fault by either spouse, by filing an action in the Cherokee court showing the following:

(a) One of the parties has resided within the territory of the Eastern Band of Cherokee for at least 30 days; and

(b) The parties have lived separately from each other for a period of at least 30 days unless they mutually voluntarily consent to the divorce; and

(c) The party seeking the divorce believes that the bonds of marriage are irretrievably broken.

(Ord. No. 504, 12-20-2000)

Sec. 50-11. Property distribution.

(a) Either former spouse may file an action in the Cherokee court seeking equitable distribution of personal property owned or acquired jointly by the parties during the marriage. Such action shall be filed no later than three years after a judgment for divorce has been entered by the court.

(b) At any time after a judgment for divorce is granted, either former spouse may file a resolution with the Tribal council seeking equitable division of any possessory holding of Eastern Cherokee trust property owned or acquired jointly by the parties during the marriage, unless a final determination of the property ownership as between the spouses has already been made by the Tribal council.

(c) In determining the division of property, the court and Tribal council shall make all reasonable efforts to divide the jointly owned or acquired property so that each party receives a share of equal value, or to equalize the distribution by award of compensation from one former spouse to the other.

(d) Nothing in this section shall be deemed to recognize or grant any rights in Cherokee trust land to any person who is not an enrolled member of the Eastern Band, other than those rights recognized by other provisions of Cherokee law.

(Ord. No. 504, 12-20-2000)

Sec. 50-12. Other family law issues.

(a) Either spouse may file an action for child custody, child support, and spousal support. An action for child custody or child support shall be filed on or before the date the child reaches age 18. An action for spousal support shall be filed no later than three years after a judgment for divorce has been entered.

(b) There shall be no action for divorce from bed and board.

(c) Actions for protection from domestic violence shall be filed pursuant to chapter 50B of the Cherokee Code.

(Ord. No. 504, 12-20-2000)

Sec. 50-13. Choice of law.

Except as set forth in this chapter or another provision of the Cherokee Code, the parties to a marriage and parties seeking a divorce, property distribution, child custody, child support, or spousal support shall have all rights provided by the laws of North Carolina. The court shall look to the laws of North Carolina for guidance in resolving any family law matter not specifically governed by the Cherokee Code.

(Ord. No. 504, 12-20-2000)

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