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When is state law not applied in to Native American reservations?
Jeff Hughes J.D. | March 16, 2016
Family Law Attorney Response:
Thank you for your question. If you need an attorney for representation in your divorce, call my office to set up a consultation.
In the case of Jacobs v. Jacobs, 138 Wis.2d 19, 405 N.W.2d 668 (Ct. App. 1987), a party argued state law did not have authority to include the value of a home on a reservation as it would be against the tribe’s laws. However, the trial court decided that state law might be applied to Indian reservations unless such application would interfere with tribal self-government, or impair a right granted to reservations by the federal government.
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