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Divorce__General_Procedure

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DIVORCE FILING PROCEDURES



Complete (use black ink / write legibly) a Petition for Dissolution of Marriage (with/without

Children), and attach any supporting documentation. Have the Petition notarized and return it to

Tribal Court Office with a filing fee of $100 (money orders only). You have the option to request a

waiver of fees. Submit an Application for Waiver of Court Fees form along with your petition.

Upon review by the Judge, the fee may be waived.



The Court will conform your documents; file the originals; and return a copy to you along with a

response packet for the respondent. This divorce packet may consist of the following documents:

 A copy of the Petition you filed along with copies of any attachments.

 Financial Statement and Application for Waiver of Court Fees

 A Preliminary Injunction (If Applicable)

 A Summons (To be served on the Respondent)

 Affidavit of Service (To be completed by person making service)

 An Acceptance of Service/Waiver of Appearance (One option to be completed by

Respondent)

 A Response to Petition (Other option to be completed by Respondent)

 Application for Default / Notice of Default (To be completed by Petitioner if

Respondent doesn’t complete one or the other of their options)



The Summons indicates that the respondent has 20 calendar days to respond if served within the

boundaries of the Ft. Yuma Indian Reservation. If served outside the boundaries of the Reservation

they have 30 calendar days to respond.



The Response to Petition form is information that the respondent may complete if they would like to

contest any of the contents of the petition filed by the petitioner. The respondent is required to

return the originals to the court and mail a copy to the petitioner. This form does not need to be

completed by the Respondent if the second option, Acceptance of Service/Waiver of Appearance is

completed.



The Acceptance of Service/Waiver of Appearance is utilized if the respondent chooses to not contest

any of the terms of the petition and waives their right to appear. This must be notarized and

returned to the Tribal Court within 10 days of service, as indicated on the document. This form does

not need to be completed by the Respondent if the first option, Response to Petition form is

completed.



A Preliminary Injunction may be granted at the petitioner’s request. The reasons must be indicated

on the Petition for Dissolution of Marriage or on a separate attached document.



THE PETITIONER IS RESPONSIBLE TO SERVE THESE DOCUMENTS UPON

THE RESPONDENT. PROOF OF SERVICE IS REQUIRED BEFORE THE COURT

CALENDAR BEGINS. THAT PROOF IS A COMPLETED AFFIDAVIT OF

SERVICE FROM THE PETITIONER TO THE COURT.



After Service: If the respondent returns a Response to Petition or Acceptance of Service/Waiver of

Appearance to the court and the petitioner, the court will schedule a hearing within 60 days, and send

out Notices of Hearing. If the Acceptance of Service/Waiver of Appearance is filed with the court,

only the petitioner is notified of the hearing. If a Response to Petition is filed, then both parties are

notified of the hearing. When the time limit for the respondent expires, if nothing is filed by the

respondent, the petitioner must complete an Application for Default & Notice of Default to file with

the court.

Rev.09182007



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