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This entry was published on 2014-11-28
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Marriage and divorce
§ 4. Marriage and divorce. The laws of the state relating to the
capacity to contract marriage, the solemnization of marriage, the
annulment of the marriage contract, and divorce, are applicable to
Indians; and subject to the jurisdiction of the peacemakers' courts of
the Seneca nation to grant divorces, the same courts shall have
jurisdiction of actions arising thereunder. But Indians who have
heretofore contracted marriage according to the Indian custom or usage,
and shall cohabit as husband and wife, shall be deemed lawfully married.
As provided by subdivision three-a of section eleven of the domestic
relations law, marriages may be solemnized by a judge or peacemaker
judge of any Indian tribal court, a chief, a headman, or any member of
any tribal council or other governing body of any nation, tribe or band
of Indians in this state duly designated by such body for that purpose,
or any other persons duly designated by such body, in keeping with the
culture and traditions of any such nation, tribe or band of Indians in
this state, to officiate at marriages.