Title
TITLE 43 - MARRIAGE AND FAMILY
Body
CHAPTER 1
GENERAL PROVISIONS
§ 1. Marriage as civil contract-Consent of parties
Marriage, so far as its validity in law is concerned, is a civil contract between one man and one woman, to which the consent of the parties, capable in law of contracting, is essential.
History
Source. LA 26-04, eff. June 18, 2004.
Library References
Indians
131.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150 to 176.
§ 2. Who may be married
Every person who shall have attained the age of eighteen (18) years shall be capable in law of contracting marriage, if otherwise competent. But in all cases where the person is less than eighteen (18) years of age, the consent of the mother, father, or guardian of such minor shall be given; otherwise such marriage shall be null and void unless it shall appear that the parties have no parent or guardian then living, and at the time of marriage are self-dependent.
History
Source. LA 26-04, eff. June 18, 2004.
Library References
Indians 131.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150 to 176.
§ 3. Who may not be married
No marriage shall be contracted whilst either of the parties has a husband or wife living; nor between parties who are nearer of kin than first cousins whether of the half or of the whole blood; nor between parties who are insane or idiotic nor between parties of the same gender.
History
Source. LA 26-04, eff. June 18, 2004.
Library References
Indians 131.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150 to 176.
§ 4. Who may perform marriages
Marriages may be solemnized by any of the Judges of the Courts of this Nation, or by any ordained minister of the Gospel in regular communion with any religious society, or by religious leaders of the Keetoowah Society or the Four Mothers Society. Judges, ministers or religious leaders shall obtain a license from the Court Clerk of the Nation. A thirty- (30) day notice and objection period will follow the appli...
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