Skip to main content
Tessa Cohen
Avvo
Pro

Tessa Cohen’s Answers

2 total

  • I got married overseas...how to file divorce?

    I got married in the Philippines. The marriage is not working and I would like to file a divorce. How do I do it?

    Tessa’s Answer

    If one of the parties and any children to the marriage have lived in Washington for the 6 months immediately preceding filing a petition for dissolution and continue to reside in Washington, then the state of Washington will likely have jurisdiction over the dissolution action. There are specific questions on the Petition for Dissolution that pertain directly to Washington's jurisdiction over the matter. Additionally, if there are children of the marriage then you will want to file a Proposed Parenting Plan, Declaration in Support of Parenting Plan, and Child Support Worksheets in order to establish the visitation schedule, decision making regarding the children and child support. You should consider speaking with a family law attorney in your area that can go over the specific facts and circumstances of your case and can advise you as to whether Washington will have jurisdiction.

    See question 
  • WA state tribal, native american indian law

    Can a non-native Administrator of a tribal business forbid a tribal member to be on tribal land, thus denying her her right to go to the Tribal General Council meeting which meets only once a year?

    Tessa’s Answer

    Disputes regarding the internal tribal affairs of a tribal government would fall under the exclusive jurisdiction of the tribe's tribal court. Each tribe as its own sovereign government has its own constitution and tribal code. Consult the particular tribe's constitution and tribal code as to what remedy can be achieved through the tribe's tribal court. Many tribe's constitutions and codes are readily available on the tribe's web page, others are available at many area law school libraries. Some tribes still reserve the right to banishment of members; however, that sanction is usually only employed as a severe criminal penalty of habitual offenders. Another question you should look into is whether the non-native Administrator was acting as an agent of the tribal government and whether they were acting within the scope of their employment as Administrator of the tribal business. You also need to investigate how the tribal business is set up; i.e. is it a separate entity from the tribal government?

    See question