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Parties
“Plaintiff” Domiciled in Indian Country?
Jurisdiction
“Plaintiff”
“Defendant”
Indian
Indian
Yes
Exclusively tribal
Indian
Indian
No (this rule applies if either party is domiciled outside of Indian Country)
If the tribe’s code allows this type of divorce, tribal and state concurrent jurisdiction; otherwise, exclusively state] Unsettled law indicates state and tribal concurrent jurisdiction
Non-Indian Indian
Yes
Non-Indian Indian
No
Exclusively state
Indian
Non-Indian
Yes
Exclusively tribal
Indian
Non-Indian
No
Exclusively state
Non-Indian Non-Indian
Yes
Exclusively state
Non-Indian Non-Indian
anyplace
Exclusively State
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Where Decedent was Domiciled
Type of Property
Where Property was Located
Jurisdiction
In Indian Country Land (held in trust or allotted)
In Indian Country Federal via the Department of Interior
Moveable assets Moveable assets
In Indian Country Exclusively tribal
Outside Indian Country
Tribes have primary jurisdiction, and state may have secondary jurisdiction
In Non-Indian Country
Land (held in trust or allotted)
In Indian Country Federal via the Department of Interior
Land
Outside Indian Country
Exclusively state
Moveable assets Moveable assets
In Indian Country Exclusively tribal
Outside Indian Country
State primary jurisdiction and probable tribal jurisdiction
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