North Dakota Supreme Court Decides Kelly v. Kelly II

Here is the opinion from yesterday, an ongoing divorce that involves members of the Standing Rock Sioux Tribe. The first Kelly case involved questions of tribal court jurisdiction.

Kelly v. Kelly — North Dakota Supreme Court on State Court Jurisdiction over Indian/Non-Indian Marriage

Here is the opinion in Kelly v. Kelly. An excerpt:

Richard Kelly appealed from a district court judgment granting him a divorce from Karol Kelly but concluding that the district court lacked subject matter jurisdiction over the incidents of the marriage. We reverse and remand, concluding the district court had concurrent subject matter jurisdiction with the tribal court to adjudicate the incidents of the parties’ marriage.

And the materials:

kelly-appellant-brief

kelly-appellee-brief

kelly-reply-brief