[HISTORY: Adopted by the Legislature of the Menominee Indian
Tribe 11-3-2016 by Ord. No. 16-28. Amendments noted where applicable.]
This code shall be known and may be cited as the "Menominee
Indian Tribe of Wisconsin Marriage Code."
The purpose of this code is to establish procedures for marriage within the Tribe's Reservation and the recognition of marriages performed outside of the Tribe's Reservation pursuant to § 409-16, Recognition of marriages from other jurisdictions, under this chapter.
If any provision of this code, or the application thereof to
any person or circumstance, shall, for any reason, be adjudged by
a court of competent jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder of this Code, which
shall continue in full force and effect.
A.
This chapter authorizes the Licensing and Permit Department to issue marriage licenses and for authorized persons, under § 409-12, Solemnization of marriage contract, of this code, to perform marriages in which one or both parties to the marriage is a member of the Menominee Indian Tribe of Wisconsin or is a resident residing within the exterior boundaries of the Menominee Indian Reservation.
B.
The procedures set forth herein shall be concurrent with the procedures
established by the laws of the State of Wisconsin as to any marriage
performed on the Reservation in which one party is not a member of
the Menominee Indian Tribe of Wisconsin or is not a resident of the
Menominee community. Upon the acceptance of an executed application
for a marriage license under this chapter, it shall be deemed to constitute
the nonmember's consent to the Tribe's jurisdiction to grant
such a license.
C.
To the extent that any provisions of this section of the code, or
the application thereof to any person or circumstance, shall for any
reason conflict with the remainder of the Code, this chapter shall
prevail. The other conflicting provisions will be invalidated, and
this section of the code shall continue in full force and effect.
The following terms, whenever used or referred to in this code,
shall have the following respective meanings:
The Clerk of the Menominee Tribal Court.
This code of the Menominee Indian Tribe of Wisconsin.
The Constitution of the Tribe, as amended.
A person who has legal custody of a child under tribal or
state law or to whom temporary physical care, custody and control
has been transferred by the parent of the child.
The elected governing body of the Menominee Indian Tribe
of Wisconsin as established by the Constitution and Bylaws of the
Menominee Indian Tribe of Wisconsin.
A civil contract between two persons, regardless of their
sex, creating a union to the exclusion of all others.
A duly enrolled member of the Tribe.
To perform a marriage ceremony or to enter into a marriage
publicly before witnesses pursuant to this code, as applicable.
The Menominee Indian Tribe of Wisconsin.
Marriage under this law is a civil contract to which the consent
of the parties capable in law of contracting is essential, and which
creates a union between two persons, regardless of their sex (or gender),
to the exclusion of all others.
A.
Any person who has attained the age of 18 years may marry if otherwise
competent.
B.
Any person between ages 16 and 18 may marry if the person's
parent(s), legal guardian(s) or custodian(s) have filed a written
affidavit and at least one of the person's parents, legal guardians
or custodians appear in person at the time the application is made.
A.
No marriage shall be contracted while either of the parties is lawfully
married to another person.
B.
Persons closer in relationship than second cousins may not marry,
except that first cousins may marry if the female has attained the
age of 55 years or where either party at the time of application for
marriage license submits an affidavit signed by a physician stating
that either party is permanently sterile.
C.
A marriage may not be contracted if either party is not capable of
understanding what it means to agree to become married.
D.
No person who is or has been a party to an action for divorce in
any court may marry again until six months after judgment of divorce
is granted, and the marriage of any such person solemnized before
the expiration of six months from the date of granting of judgment
of divorce shall be void.
A.
A person making an application for marriage must present proof of
age by presenting a certified copy of his or her birth certificate.
B.
Each party to the marriage must present satisfactory documentary
proof of identification and residence.
C.
Each party to the marriage must present satisfactory copies of documents
providing proof that he or she is free to marry, such as proof of
death of previous spouses, or proof of divorce or annulment of previous
marriages.
D.
Each party shall complete in full and sign the license application
form provided by the Licensing and Permit Department which will include
a statement warranting that each party meets the requirements to marry
pursuant to the Menominee Indian Tribe of Wisconsin Marriage Code.
A.
A marriage license shall be issued by the Licensing and Permit Department
upon receiving a completed application form from two unmarried persons,
regardless of sex (or gender), and in the absence of any showing that
the proposed marriage would be invalid under any provisions of this
code. The marriage license shall become effective upon issuance and
shall remain effective until the 30th day after issuance.
B.
Any person who applies for a marriage license under this code shall
be deemed to have given consent to the personal jurisdiction of the
Tribe, the Tribal Court, and the Tribal Supreme Court, and to have
waived all available defenses against such jurisdiction, and shall
acknowledge such statement on the application.
The fee for issuance of marriage licenses shall be set by the
Licensing and Permit Department in accordance with applicable tribal
law. This fee may be increased from time to time in accordance with
applicable tribal law.
A.
Officiate at marriages. A marriage shall be validly solemnized and
contracted after the issuance of license and by the mutual declarations
of the two parties involved that they agree to enter into marriage
before a duly authorized officiate and in the presence of at least
two competent adult witnesses. The following persons are duly authorized
to be officiates:
(1)
Any ordained clergyman of any religious denomination or society;
(2)
An Indian traditional practitioner or spiritual leader who is recognized
by the parties making the application;
(3)
Any tribal judge or judge of court of record;
(4)
Any family court commissioner or court commissioner appointed under
Wisconsin law.
A marriage may be voided or annulled by the Tribal Court for
any one of the following reasons upon the application of one of the
parties to marriage:
The marriage document, legibly and completely filled out in
ink, shall be returned by the officiating person or by the parties
to the marriage contract to the Licensing and Permit Department within
10 days after the date of marriage. The Licensing and Permit Department
shall provide the document to the Menominee Tribal Clerk of Court
so that it may be filed on record with the Tribal Enrollment Office
and a copy of the same with the State of Wisconsin Bureau of Vital
Statistics.
All marriages performed on the Reservation prior to the effective date of this code that meet the requirements of § 409-7, Who may contract; marriageable age, § 409-8, Invalid or prohibited marriages, § 409-9, Identification of parties, and § 409-12, Solemnization of marriage contract, shall be valid upon completion of the requirements to obtain a marriage license under this code. Parties to such marriages may obtain a marriage license upon proof to the Licensing and Permit Department by affidavit or otherwise of their eligibility for such a license under this section and payment of a fee set by the Licensing and Permit Department in accordance with applicable tribal law. This fee may be increased from time to time in accordance with tribal law. The Licensing and Permit Department shall provide the document to the Menominee Tribal Clerk of Court so that it may be filed on record with the Tribal Enrollment Office and a copy of the same with the State of Wisconsin Bureau of Vital Statistics.
The Tribe recognizes and grants full faith and credit to any
marriage license issued in conformance with the laws of any state,
federal, tribal, or foreign jurisdiction that grants comity to marriage
licenses and court orders of the Menominee Indian Tribe of Wisconsin.
This chapter shall become effective upon final approval of the
Menominee Tribal Legislature.
