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(A) The Tribal Court shall enter a decree of legal separation or a decree of dissolution if it finds each of the following:

(1) At least one (1) of the persons is a Karuk Tribal member;

(2) That the marriage is irretrievably broken in accordance with KTC 10.05.140(A); and

(3) That the other party does not object to a decree of legal separation or dissolution of marriage. If the other party objects to a decree of legal separation, the Tribal Court shall direct one (1) of the parties to amend the pleadings to seek dissolution of the marriage.

(B) The Tribal Court shall enter a declaration of invalidity of marriage if the Tribal Court finds each of the following:

(1) That at least one (1) of the persons is a Karuk Tribal member.

(2) The marriage should not have been contracted because of the age of one (1) or both of the parties, lack of required parental or Tribal Court approval, a prior undissolved marriage of one (1) or both of the parties, reasons of consanguinity, or because a party lacked capacity to consent to the marriage, either because of mental incapacity or because of the influence of alcohol or other incapacitating substances, or because a party was induced to enter into the marriage by force or duress, or by fraud involving the essentials of marriage and that the parties have not ratified their marriage by voluntarily cohabitating after attaining the age of consent, or after attaining capacity to consent, or after cessation of the force or duress or discovery of the fraud.

(3) If the Tribal Court finds that a marriage contracted in a jurisdiction other than this Tribe was void or voidable under the law of the place where the marriage was contracted and in the absence of proof that such marriage was subsequently validated by the laws of the place of contract, or of a subsequent domicile of the parties, it shall declare the marriage invalid as of the date of the marriage.

(C) If the issue of child support or the maintenance of either spouse is before the Tribal Court at the time it issues a decree of legal separation, dissolution of marriage or declaration of invalidity of marriage under this article, the Tribal Court shall concurrently issue an order for support, in accordance with Article VII of this chapter, or for maintenance in accordance with KTC 10.05.210.

(D) At the time the Tribal Court issues a decree of legal separation, dissolution of marriage or declaration of invalidity of marriage under this article, the Tribal Court shall concurrently divide the property and liabilities of the parties in accordance with KTC 10.05.190.

(E) If the issue of child custody is before the Tribal Court at the time it issues a decree of legal separation, dissolution of marriage or declaration of invalidity of marriage under this article, the Tribal Court shall concurrently issue a parenting plan in accordance with Article V of this chapter. [Res. 09-R-062 Title 2 § (4)(D), 4/30/2009.]