Wells v. Wells

[¶26.] I dissent. In Wells v. Wells, 451 N.W.2d 402 (S.D.1990), we held that the circuit court had valid jurisdiction to declare a decree of divorce between the wife and husband, and no more. At that time (1990), the law clearly provided that tribal courts, not circuit courts, had exclusive subject matter jurisdiction over two Native American Indians domiciled on Indian land. Therefore, the circuit court could determine that the marriage was terminated but could not determine custody, child support or property rights on Indian land.

[¶ 27.] The majority opinion is inconsistent when it says at…