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(a) Necessary Findings. The Tribal Court may enter a declaration of invalidity of marriage if the Tribal Court finds each of the following:

(1) That the marriage was performed on the Yurok Reservation, that the marriage certificate was issued by the Yurok Tribe, that the parties agreed to have the matter heard in the Court, or that one of the parties is an enrolled member of the Yurok Tribe, was domiciled within the Reservation for at least 90 days at the time the action was commenced, or is otherwise subject to the jurisdiction of the Yurok Tribe;

(2) The marriage should not have been contracted because of the age of one or both of the parties, a prior undissolved marriage of one or both of the parties, reasons of consanguinity, or because a party lacked capacity to consent to the marriage, either because of mental incapacity or the influence of alcohol or other incapacitating substances, or because a party was induced to enter into the marriage by force, duress, or fraud involving the essentials of marriage; and

(3) The parties have not ratified their marriage by voluntarily cohabiting after attaining the age of consent, after attaining capacity to consent, or after cessation of the force or duress or discovery of the fraud.

(b) Prior Undissolved Marriage. Notwithstanding subsection (a)(2) of this section, if a party reasonably thought a prior marriage was dissolved although it was not, the subsequent dissolution of that marriage will cure or waive its effect of invalidating a later marriage.

(c) Support. If the issue of child support and/or the maintenance of either spouse is before the Court at the time it issues a declaration of invalidity of marriage under this chapter, the Court may concurrently issue an order for child support in accordance with Chapter 13.35 YTC, and/or for spousal support in accordance with YTC 13.20.100.

(d) Division of Property. At the time the Court issues a declaration of invalidity of marriage under this chapter, the Court may concurrently divide the property and liabilities of the parties in accordance with YTC 13.20.090.

(e) Custody. If the issue of child custody is before the Court at the time it issues a declaration of invalidity of marriage under this chapter, the Court may concurrently issue a parenting plan in accordance with YTC 13.25.020 through 13.25.130.

(f) Invalidity in Other Jurisdictions. If the Court finds that a marriage contracted in another jurisdiction was void or voidable under the laws of the place where the marriage was contracted and in the absence of proof that the marriage was subsequently validated by the laws of the place of contract, or of a subsequent domicile of the parties, it may declare the marriage invalid. [Ord. 50 § 4.7, adopted, 3/23/2017.]