13.20.080 Irretrievable breakdown of marriage – Finding.
(a) Statement Under Oath or Affirmation. If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it, the Tribal Court shall make a finding that the marriage is irretrievably broken.
(b) When Hearing Held. If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the Court may hold a hearing to consider all relevant factors as to the prospect of reconciliation, and may either:
(1) Make a finding that the marriage is irretrievably broken and enter a decree of dissolution or legal separation; or
(2) Continue the matter for further hearing, not more than 60 days later, and order a reconciliation conference. If either party refuses to participate in a reconciliation conference, a finding will be made pursuant to subsection (b)(1) of this section. At the rescheduled hearing the Court shall:
(A) Find that the parties have agreed to reconciliation and dismiss the petition; or
(B) Find that the parties have not reconciled. If either party continues to allege that the marriage is irretrievably broken, the Court shall make a finding pursuant to subsection (b)(1) of this section. [Ord. 50 § 4.8, adopted, 3/23/2017.]