1.26.210 Delayed Registration of Previous Indian Traditional Marriages

(a) Both parties to an Indian traditional marriage heretofore consummated, or the surviving party if the other is deceased, may petition the tribal court for an order causing the marriage to be registered.

(b) The petitioner or petitioners shall file and serve a written petition stating under oath the names of the parties to the marriage, their dates of birth, the date and place of marriage, and the name and address, if known, of the third party solemnizing the marriage.

(c) Notice of the time, place, and date of hearing on the petition, together with a copy of the petition, shall be served upon all interested parties. Interested parties shall include the heirs of both parties and any other putative spouses. Service may be personal or by certified mail, return receipt requested.

(d) The petitioners shall bear the burden of proving by a preponderance of the evidence that the parties were parties to a traditional marriage.