4. Marriage and divorce. The laws of the state relating to the capacity to contract marriage, the solemnization of marriage, the annulment of the marriage contract, and divorce, are applicable to Indians; and subject to the jurisdiction of the peacemakers' courts of the Seneca nation to grant divorces, the same courts shall have jurisdiction of actions arising thereunder. But Indians who have heretofore contracted marriage according to the Indian custom or usage, and shall cohabit as husband and wife, shall be deemed lawfully married. As provided by subdivision three-a of section eleven of the domestic relations law, marriages may be solemnized by a judge or peacemaker judge of any Indian tribal court, a chief, a headman, or any member of any tribal council or other governing body of any nation, tribe or band of Indians in this state duly designated by such body for that purpose, or any other persons duly designated by such body, in keeping with the culture and traditions of any such nation, tribe or band of Indians in this state, to officiate at marriages.
Last modified: February 3, 2019