Indian Marriage, Adoption, and Divorce – subject to local laws and established customs

Indian marriage:

1. A marriage contracted by members of an Indian tribe, who are living with the tribe in tribal relation and subject to the tribal government, in accordance with the laws and customs of the tribe.  35 Am J1st Mar §40.

Indian adoption:

1. An adoption of a child in pursuance of a tribal custom. Non-She-Po v Wa-Win-Ta, . 37 Or 213, 62 P 15.

2. Adoption of a person by a tribe of Indians, having the effect of bestowing on the person adopted the privileges and immunities of the other members and subjecting him to the laws and usages of the tribe.  27 Am J1st Indians § 2.

Indian divorce:

1. A divorce of husband and wife married and continuing to live in Indian territory, in accordance with established custom among the Indian tribe, effected completely by separation by mutual consent.  24 Am 12d Div & S § 8.

2. A divorce in accordance with tribal custom, effected by mutual consent or the abandonment of one Spouse by the other.  Cyr v Walker, 29 Okla 289, 116 P 934[1]


Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931


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