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New York · Through 2026-09-11

N.Y. Indian Law § 4: Marriage and divorce

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Where this section sits in the code
  1. Indian Law
  2. Article 2. General Provisions

§ 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.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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