Stockbridge-Munsee Tribal Law Library
Stockbridge-Munsee Tribal Code.

Section DMR.02.02 — Petition And Response

(a) Except as otherwise provided, in a dissolution of marriage action the petition shall state:

(1) The name and birth date of the parties, the social security numbers of both parties, both parties' occupations, the date and place of marriage and the facts relating to the residence of both parties.

(2) The name and birth date of each minor child of the parties and each child born during the marriage, and if a party to the marriage has the biological sex of female (regardless of the individual's gender), whether the individual is pregnant at the time of divorce.

(3) That the marriage is irretrievably broken or that the parties agree it is irretrievably broken.

(4) Whether or not an action for divorce or legal separation by either of the parties was or has been at any time commenced, or is pending in any other court or before any judge, in the State of Wisconsin, in another tribal court, or elsewhere.

(5) Whether the parties have entered into any written agreement as to support, legal custody and physical placement of the children, maintenance of either party, and property division; and if so, the written agreement shall be attached.

(6) The relief requested.

(7) That during the pendency of the action, the parties are prohibited from, and may be held in contempt of court for, harassing, intimidating, physically abusing or imposing any restraint on the personal liberty of the other party or a minor child of either party.

(8) That during the pendency of the action, without the consent of the other party or an order from the court, the parties are prohibited from, and may be held in contempt of court for, encumbering, concealing, damaging, destroying, transferring, or otherwise disposing of property owned by either or both of the parties, except in the usual course of business, in order to secure necessities or in order to pay reasonable costs and expenses of the action, including attorney fees.

(9) That during the pendency of the action, the parties are prohibited from, and may be held in contempt of court for, doing any of the following without the consent of the other party or an order of the court:

(A) Establishing a residence with a minor child of the parties outside the state of Wisconsin or more than 150 miles from the residence of the other party within the state.

(B) Removing a minor child of the parties from the state of Wisconsin for more than 90 consecutive days.

(10) Either or both parties to the marriage may initiate the action. The party initiating the action or his or her attorney or advocate shall sign the petition. Both parties or their respective attorneys or advocates shall sign a joint petition if the parties are filing together.

(11) The summons shall be in the form of a regular summons used by the tribal court for civil cases.

(12) Service shall be made in accordance with regular court procedures. If only one party initiates the action, the other party may serve a response and/or counterclaim within 20 business days after the date of service.