INDEX
to Title 9 of the Navajo Nation Code

Domestic Relations

 

Below are links to the indexes of relevant sections of Title 9.  You will also find, where possible, links to the full texts of the enacting or amending Council Resolutions.  We have included limited commentary in subject areas where the public has had the most frequent questions for our courts. 

 

Section

1 - 11 Marriage
201 - 212 Husband and Wife
401 - 407 Divorce
601 - 615 Adoptions
801 - 805 Guardians
1001 - 1405 Navajo Nation Children's Code
1601 - 1667 Domestic Abuse Protection Act
1701 - 1722 Child Support Enforcement Act
1801 - 1817 Elder Protection Act


 

MARRIAGE

See CAP-29-05 (Diné Marriage Act 2005)

 

§ 1. Validity generally

§ 2. Plural marriages void

§ 3. Purposes

§ 4. Methods of contracting marriage

NOTE: Below is a summary of the methods in which a marriage may be contracted within the Navajo Nation.  (Please review the statute):
a. by signing a Navajo Nation marriage license in the presence of two witnesses, who also sign the marriage license.
b. by a clergyman according to the rites of any church, in the presence of two witnesses.  All must sign the marriage license.
c. by any Navajo Nation judge, after the parties sign and complete a marriage license.
d. in a traditional Navajo wedding ceremony. (Please read the full statute as to what is required in this ceremony.  Marriages need not be solemnized by church, state, or Navajo custom ceremony to be recognized as valid under this section).
e. by common-law.   (Please read the full statute as to how a common-law marriage is established.)

§ 5. Requirements generally

§ 6. Marriage licenses--Issuance

§ 7. Form

§ 8. Return

§ 9. Validation of marriage

NOTE:  In order to be validated, marriages must have been contracted within the territorial jurisdiction of the Navajo Nation according to methods in § 4 above. The Family Courts may make a validation determination.  Upon referral by the Family Courts, peacemakers may also make a validation determination. 

§ 10. Procedure for judgment of validity

NOTE: A person who claims that his or her marriage may be validated may file a petition in the Family Court or Peacemaker Division. The child of deceased parents may also file a petition to seek validation of his or her parent's marriage.  (Please review the statute for the full requirements).

§ 11. Governmental determinations

 

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HUSBAND AND WIFE

Enacting Resolution: CJ-42-56

 

§ 201. Antenuptial agreements

§ 202. Separate property--Definitions

§ 203. Liability for debts

§ 204. Married women

§ 205. Community property--Definition

§ 206. Capacity of persons under age of majority

§ 207. Personal property;  disposition

§ 208. Liability for community debts

§ 209. Legal capacity of married women--Generally

§ 210. Necessaries--Power of wife to contract debts

§ 211. Action to collect debt;  order of execution

§ 212. Marital rights in property acquired after moving into Navajo Indian Country

 

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DIVORCE

See CJ-3-40

 

§ 401. Grounds for divorce

NOTE: Below is a brief summary of the grounds for divorce recognized in the Navajo Nation Family Courts. (Please review the full text of the statute):
a. was under legal age for marriage and did not freely cohabitate as husband and wife after attaining the legal age.
b. former spouse of either party is living and marriage with this former spouse was not properly dissolved.
c. unlawful voluntary sexual intercourse with one of the opposite sex.
d. willfully abandoned, or caused spouse to leave against wishes, for 6 months preceding the filing of the divorce.
e. used intoxicating drinks or narcotics habitually to the mental anguish of spouse.
f. inflicted grievous bodily injury or grievous mental suffering on spouse.
g. neglect of husband to support family according to his means, station in life, and ability.
h. unable to live together in agreement and harmony.
i. wife was pregnant at time of marriage by another man, husband was ignorant of the fact when they married, and husband filed for divorce within reasonable time after learning of the fact.
j. voluntary separation of both spouses for one year or more.

§ 402. Residence

NOTE:  There is a residency requirement to file for divorce.  Petitioner must have resided on the Navajo Nation, allotments, tribal purchased land, public domain, land leased by the Navajo Service, or land administered by the BIA for the benefit of the Navajo Nation for at least 90 days prior to filing the divorce.

§ 403. Filing fee

§ 404. Settlement of property rights;  custody and care of children

§ 405. Certificate of divorce;  issuance

§ 406. Record of divorces

§ 407. Remarriage See CJ-3-40

 

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ADOPTION

History: CN-63-60

 

§ 601. Who may be adopted

§ 602. Who may adopt

§ 603. Consent to adoption--Parents

§ 604. Child

§ 605. Withdrawal

§ 606. Petition for adoption

§ 607. Form

§ 608. Transfer of case

§ 609. Investigation

§ 610. Temporary order;  final judgment

§ 611. Effect of final judgment

§ 612. Registration of final judgment;  amendment of records;  inspection

§ 613. Confidential nature of proceedings and record

§ 614. Adoption of adults

§ 615. Policy on adoption of children

NOTE:  There is no policy against adoption of Navajo children by non-Navajos where the childrens' parents are either dead or have abandoned the children.  Each case shall be considered individually on its own merits by the Family Courts.  However, adoption of Navajo children by non-Navajos is disfavored where the parents are living and have not neglected the children. 

 

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GUARDIANS

 

§ 801. Petition for appointment

NOTE:  Petition may be filed by any person, not just by the person seeking to be appointed guardian.

§ 802. Investigation of petition

NOTE:  After the petition is filed, the case will be referred for investigation, study, and report by Navajo Social Services.

§ 803. Appointment

NOTE:  The Court must convene a hearing and make a finding that the person is incapable of taking care of himself and managing his property before appointing the guardian.

§ 804. Responsibility

§ 805. Faithful execution of duties;  bond

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NAVAJO NATION CHILDREN’S CODE

Enacting Resolution: CD-94-85.  Old Juvenile Code: CJN-52-69

 

§ 1001. Purpose

§ 1002. Definitions

§ 1003. Family Courts See CAU-49-89

§ 1051. The Family Court

§ 1052. Court personnel--Appointment, certification, qualifications, duties

§ 1053. Probation office;  establishment;  reporting

§ 1054. Powers and duties of probation officers

§ 1055. Jurisdiction of the Family Court

§ 1056. Shelter care and detention facilities--Standards--Reports

§ 1101. Commencement of proceedings by petition

§ 1102. Venue

§ 1103. Preliminary inquiry and referral

§ 1104. Petition--Form and content

§ 1105. Filing and dismissal of petition

§ 1106. Summons;  service

§ 1107. Basic rights

§ 1108. Taking into temporary custody

§ 1109. Release or delivery from temporary custody

§ 1110. Criteria for detention of children

§ 1111. Place of detention or shelter care

§ 1112. Place of temporary custody

§ 1113. Detention hearing required for detained child, court determination and disposition

§ 1114. Transfer to District Court-Hearing

§ 1115. Adjudicatory hearings;  findings;  dismissal;  disposition

§ 1116. Predisposition studies;  reports and examination

§ 1117. Dependency predisposition studies, reports and examinations

§ 1118. Social and legal records--Inspection

§ 1119. Sealing of records

§ 1120. Damages to or destruction of property by child;  parents liable;  costs and attorney's fees;  provisions for damages and restitution

§ 1121. Motor Vehicle Code violations

§ 1122. Court costs and expenses

§ 1123. Duty to report child abuse;  penalty for failure to report

§ 1124. Admissibility of report in evidence;  immunity of person reporting

§ 1151. Disposition of a dependent child

§ 1152. Disposition of adjudicated delinquent child or a child in need of supervision

§ 1153. Disposition of a mentally ill or mentally retarded child

§ 1154. Continuance under supervision without judgment--Consent decree--Disposition

§ 1155. Interlocutory disposition order in cases where service is made by publication;  effect

§ 1156. Limitations on dispositional judgments;  modification, termination or extension of court orders

§ 1157. Judgment;  noncriminal nature;  nonadmissibility

§ 1158. Appeals

§ 1159. Procedural matters under the Children's Code

§ 1160. Purchase of care from private agency by public agency

§ 1161. Probation revocation;  disposition

§ 1251. Protective services worker;  power and duties

§ 1252. Limitations of authority;  duty to inform

§ 1253. Central registry

§ 1254. Immunity of participants;  nonprivileged communications

§ 1301. Petition;  who may file;  grounds

§ 1302. Contents of petition

§ 1303. Notice;  waiver;  guardian ad litem

§ 1304. Social study prior to disposition;  contents

§ 1305. Hearing

§ 1306. Court order;  form;  contents

§ 1307. Effect of court order

§ 1401. Application of the Indian Child Welfare Act in Family Court

§ 1402. Full faith and credit;  conflict of laws

§ 1403. [Reserved]

§ 1404. Voluntary placement

§ 1405. Family Court wardship

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DOMESTIC ABUSE PROTECTION ACT

Enacting Resolution: CJY-53-93

 

§ 1601. Short title

§ 1602. Policy

§ 1603. Findings

§ 1604. Purpose

§ 1605. Definitions

§ 1651. Jurisdiction

§ 1652. Peacemaker Court

§ 1653. Who may file a petition

§ 1654. Standard of proof, defenses

§ 1655. Temporary protection orders, ex parte

§ 1656. Telephonic or facsimile applications and orders

§ 1657. Pro se petitioners

§ 1658. Confidentiality

§ 1659. Evidence, hearsay exception

§ 1660. Available relief

§ 1661. Service of process

§ 1662. Duration of protection orders

§ 1663. Violation of protection orders

§ 1664. Vacation of protection orders

§ 1665. Fees;  filing, service, copies

§ 1666. Comity

§ 1667. Mutual protection orders

 

Navajo Nation Child Support Enforcement Act

Enacting Resolution: CD-111-94

§ 1701. Short Title

§ 1702. Statement of Policy

§ 1703. Definitions

§ 1704. Public Assignment of Child Support Rights, Establishment and Amount of Obligation

§ 1705. Notice of Public Assignment of Child Support Rights

§ 1706. Navajo Nation Child Support Guidelines

§ 1707. Adjustments to Gross Income

§ 1708. Administrative Hearings

§ 1709. Judicial Review

§ 1710. Docketing of Order

§ 1711. Powers of the Division

§ 1712. Wage Execution and Garnishment

§ 1713. Wage assignments

§ 1714. Exemption from limitation--Statute of limitations not applicable

§ 1715. Government records

§ 1716. Enforceable voluntary agreement

§ 1717. Writs of Assistance, Specific Performance, and Bonds

§ 1718. Foreign Orders and Comity

§ 1719. Request for Peacemaker Assistance

§ 1720. Coordination of Peacemaker Courts

§ 1721. Temporary Support Orders

§ 1722. Amendments

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DINÉ ELDER PROTECTION ACT

Enacting Resolution: CO-70-96

 

§ 1801. Short title

§ 1802. Statement of Policy

§ 1803. Purpose

§ 1804. Definitions

§ 1805. Elder Protection Services

§ 1806. Regulations

§ 1807. Duty to Report Abuse or Neglect of an Elder

§ 1808. Immunity of Reporting

§ 1809. Bad Faith Report;  Civil Penalty;  Damages;  Criminal Liability

§ 1810. Receiving Reports;  Report Content;  Retention of Report

§ 1811. Investigations

§ 1812. Elder Protection Investigation Warrant

§ 1813. Referral for Criminal Investigation

§ 1814. Emergency Procedures and Protection Order

§ 1815. Elder Protection Order

§ 1816. Confidentiality of Reporter, Records, Hearing

§ 1817. Severability