Eichenberger v. Eichenberger

This is an appeal from the provisions of an amended decree of divorce. We reverse and remand.

Plaintiff married defendant in May of 1958. Two sons were born to the marriage, one in November of 1960, and the other in February of 1962. On September 13, 1971, defendant, who is an enrolled member of the Oglala Sioux Tribe, obtained a divorce from plaintiff in tribal court, the provisions of the decree awarding her custody of the two children.

The parties apparently had second thoughts about the validity of the tribal court divorce decree, for in April of 1975 plaintiff commenced an action for…