9.07.080 Declaration of Invalidity

(a) The turtle Mountain Tribal Court shall enter its decree declaring the invalidity of a marriage entered into under the following circumstances:

(1) A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs, or other incapacitating substances, or a party was induced to enter into a marriage by force or duress, or by fraud involving the essentials of marriage;

(2) A party lacks the physical capacity to consummate the marriage by sexual intercourse, and at the time the marriage was solemnized the other party did not know of the incapacity;

(3) A party was under the age of sixteen (16) years and did not have the consent of his parents or guardian and judicial approval; or

(4) The marriage is prohibited.

(b) A declaration of invalidity under Subsection (a)(1) through (3) may be sought by any of the following persons and must be commenced within the times specified but in no event may a declaration of invalidity be sought after the death of either party to the marriage:

(1) For the reason set forth in Subsection (a)(1), by either party or by the legal representative of the party who lacked capacity to consent, no later than ninety (90) days after the petitioner obtained knowledge of the described condition;

(2) For the reason set forth in Subsection (a)(2), by either party, no later than one (1) year after the petitioner obtained knowledge of the described condition;

(3) For the reasons set forth in Subsection (a)(3), by the underaged party, his parent or guardian, prior to the time the underaged party reaches the age at which he could have married without satisfying the omitted requirement.

(c) A declaration of invalidity for the reason set forth in Subsection (a)(4) may be sought by either party, the legal spouse in case of a bigamous marriage, the Turtle Mountain Tribal Council or Tribal Police, or a child of either party, at any time, not the exceed five (5) years following the death of either party.

(d) Children born of a marriage declared invalid are legitimate.

(e) Unless the Court finds, after a consideration of all relevant circumstances, including the effect of a retroactive decree on third parties, that the interests of justice would be served by making the decree not retroactive, it shall declare the marriage invalid as of the date of the marriage. The provisions of this Act relating to property rights of the spouses, maintenance, support, and custody of children on dissolution of marriage are applicable to non-retroactive decrees of invalidity.