Title 23. Family Law
 
CHAPTER 1
General Provisions

1001.  Proceedings for annulment, divorce, or adoption;  petitions.
1002.  Same; appeal and review.
1003.  Same; local custom recognized.
1004.  Same; confirmation in accordance with recognized custom.
1005.  Age of majority.

      1001.  Proceedings for annulment, divorce, or adoption; petitions.

     (1)  All proceedings for annulment, divorce, or adoption shall be commenced by petition signed and sworn to by the petitioner or petitioners personally, except that the Chuuk State Court may accept an oral petition under oath if it deems best.

     (2)  The petition shall set forth sufficient facts as to the residence of the parties to show jurisdiction under this title.

     (3)  A petition for annulment or divorce shall, so far as practicable, include:

     (a)  The date and place of marriage of the parties;

     (b)  The cause for the annulment or divorce;

     (c)  The approximate date and place where the cause of annulment or divorce occurred if the cause consists of individual acts, otherwise sufficient details as to cause to identify with reasonable certainty the facts relied upon; and

     (d)  A statement as to any prior application which is known to have been made by either party for annulment or divorce of the marriage in question or for separation under it, in this or any other jurisdiction, and the result of such application, if known.

     (4)  Service of petitions filed under this Section shall be made upon any respondent or respondents in the manner provided by law for service of complaints.  In such cases, any respondent or respondents shall be accorded such time to file an answer to the petition as may be provided by law for filing an answer to a complaint.

Source:  39 TTC 2, 2 (3), divided into Subsections and Section modified.

div>      1002. Same; appeal and review.
     (1)  All decrees for annulment, divorce, or adoption under this title shall be subject to appeal, and in the case of community courts and district courts to review as in other civil cases, and no such decree shall become absolute or affect the legal status of the parties until the case has been reviewed, if subject to review by the high court, and until the period for appeal has expired without any appeal having been filed or until any appeal taken shall have been finally dispatched.

     (2)  Except as otherwise expressly provided by this title, annulment, divorce, and adoption proceedings shall be governed by the provisions of law and the Chuuk State Court Rules of Civil Procedure applicable to civil actions.

Source:  (Code 1966, 713.)  39 TTC 3, modified.

      1003.  Same; local custom recognized.
 
     Nothing contained in this title, except for the provisions of Section 1004 of this Chapter, shall apply to any annulment, divorce, or adoption effected in accordance with local custom, nor shall any restrictions or limitations be imposed upon the granting of annulments, divorces, or adoptions in accordance with local custom.

Source:  (Code 1966, 714.)  39 TTC 4.

      1004.  Same; confirmation in accordance with recognized custom.

     (1)  When an annulment, divorce, or adoption has been effected in the State of Chuuk Trust Territory in accordance with recognized custom and the validity thereof is questioned or disputed by anyone in such a manner as to cause serious embarrassment to or affect the property rights of any of the parties or their children, any party thereto or any of his children may bring a petition in the high court Trial Division of the Chuuk State Court for a decree confirming the annulment, divorce, or adoption effected in accordance with recognized custom.  Such a petition shall be signed and sworn to by the petitioner personally, and shall be filed in the district where the annulment, divorce, or adoption was effected .

     (2)  If, after notice to all parties still living and a hearing, the court is satisfied that the annulment, divorce, or adoption alleged is valid in accordance with recognized custom in the State of Chuuk part of the Trust Territory where it was effected, the high court shall enter a decree confirming the annulment, divorce, or adoption and may include in this decree the date it finds the annulment, divorce, or adoption was absolute until the period for appealing has expired without any appeal having been filed or until any appeal taken shall have been filed or until any appeal taken shall have been finally dispatched.

Source:  (Code 1966, 715; P.L. No. 4C-56, 3.) 39 TTC 5, divided into two Subsections and Section modified.

      1005. Age of majority.
 
     All persons, whether male or female, residing in the State of Chuuk Trust Territory, who shall have attained the age of 18 eighteen years shall be regarded as of legal age and their period of minority to have ceased.

Source:  39 TTC 6, modified.