Ruling says state court can handle divorce of Native American man on reservation

By The Associated Press | Thursday, June 12, 2008

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A state circuit court has jurisdiction to handle a divorce case involving a Native American man and a non-Native woman who lived on Lower Brule Sioux Indian Reservation, the South Dakota Supreme Court ruled Thursday.

The high court also said Circuit Judge Lori Wilbur of Pierre must hold hearings and enter written findings on factual and legal issues before giving a tribal court jurisdiction over some issues involving child custody and protection orders.

Jay and Deann Langdeau were married in 1998 and lived on private land within the external boundaries of the Lower Brule Sioux Tribe's reservation until February 2007. Jay is an enrolled member of the tribe, and Deann is a non-Native, according to court records.

The couple has two children.

Deann Langdeau left the reservation and filed for divorce in state circuit court in Lyman County on Feb. 27, 2007. Her husband filed for divorce the next day in tribal court.

Deann Langdeau also got a state court protection order against her husband, alleging he had abused or endangered her or their children. Jay Langdeau got a tribal court order establishing a schedule of when he could visit the children.

Circuit Judge Wilbur ruled that the state court system did not have jurisdiction over the divorce and child custody proceedings because the family had lived within the reservation's external boundaries for most of the six months prior to the filing of the divorce case.

Wilbur also ruled that tribal court would be the appropriate place for the legal cases because state court would be an inconvenient forum.

The circuit judge later issued an order recognizing some of the tribal court's orders. The tribal court eventually granted Jay Langdeau a divorce.

The Supreme Court ruled the circuit judge could decide to dismiss the child custody proceeding because the children had lived on the reservation, but the high court said the state court can preside over the divorce case.

Deann Langdeau is a non-Native who is a South Dakota resident, so the state has had jurisdiction at all times over her divorce, the Supreme Court said. She filed for divorce in state court a day earlier than her husband filed in tribal court, the justices said.

"Since Deann's complaint filed in Lyman County was first and it was properly commenced, the circuit court may not refuse to hear the divorce proceeding," Chief Justice David Gilbertson wrote for the court.

In addition, the circuit judge must gather evidence and issue written findings on facts and the legal issues before declining temporary emergency jurisdiction on child custody, the high court said. Deann Langdeau had alleged her husband had abused her and drank alcohol to the extent that he endangered the children, the court said.

The circuit judge also must gather evidence and issue written findings before recognizing a tribal court protection order, the Supreme Court said.