The respective jurisdictions of state and tribal courts within South Dakota can be confusing. However, if you’re filing for divorce or are pursuing another type of legal matter, it’s important to understand where proper authority lies. Otherwise, you might be wasting time and money on a proceeding that ends up having no legal effect.

In a recent decision, the South Dakota Supreme Court ruled that a divorce granted by the Sisseton-Wahpeton Oyate (SWO) tribal court could not be recognized because the court lacked jurisdiction over a non-Native individual who had married a member of the SWO Tribe. As an enrolled SWO member, Terri Torgerson filed for divorce from her husband, Les. Meanwhile, he initiated a similar action in state court. Both parties moved to dismiss the action filed by their spouse.

After a lower-court ruling held the tribal court divorce was valid, Les appealed, arguing that the SWO tribunal did not have jurisdiction over him, as he had insufficient ties to the tribe. Under both federal and state law, tribal court orders are only recognized if that body has jurisdiction over the subject matter and the parties involved. For a tribal court to assert jurisdiction over a non-Native individual, there must be sufficient contacts with the tribe or tribal land.

Determining whether a non-Native individual has sufficient ties to support tribal court jurisdiction is based on the facts of each particular case. Here, Les and Terri Torgerson were not married on SWO land and never lived on the reservation. A business they operated in SWO territory had been dissolved more than 20 years earlier. According to the justices, these connections were not sufficient for tribal court jurisdiction over Les Torgerson, so the divorce order was invalidated. 

If you have questions about whether your divorce, or other type of legal matter, is properly situated in a tribal court, it’s wise to speak with an experienced South Dakota attorney. At Anker Law Group in Rapid City, we represent clients in all types of family law matters and can analyze jurisdictional issues and all of the relevant legal concerns in your case. For a consultation, please call 605-519-5967 or contact us online.