Justia Family Law Opinion Summaries

Lisa Schoenberg and Joshua Schoenberg, parents of two minor children, divorced in 2017 and agreed to share joint and equal residential responsibility. In November 2023, Lisa moved to modify this arrangement, seeking primary residential responsibility. She supported her motion with declarations and exhibits, including a declaration from an attorney who interviewed the children. Joshua opposed the motion, arguing Lisa failed to establish a prima facie case and objected to the attorney’s declaration and letter as hearsay.The District Court of Cass County struck the attorney’s declaration and letter, concluding they contained hearsay and did not meet the residual exception to the hearsay rule. The court also denied Lisa’s motion to modify residential responsibility, finding she failed to establish a prima facie case. Lisa’s subsequent motion for reconsideration was also denied.The North Dakota Supreme Court reviewed the case and affirmed the lower court’s decisions. The court held that the attorney’s declaration and letter were correctly excluded as they were not more probative than affidavits or declarations from the children themselves. The court also found that Lisa failed to establish a prima facie case for modification. Although she demonstrated material changes in circumstances, such as the children’s counseling and Joshua’s significant other moving in, she did not show these changes adversely affected the children or led to a general decline in their condition. Consequently, the court concluded that Lisa did not meet the necessary legal standard to warrant an evidentiary hearing for modifying residential responsibility. View "Schoenberg v. Schoenberg" on Justia Law

Philip Ritter appealed a divorce judgment, challenging the district court's decisions on the valuation and distribution of the marital estate, spousal support, and child support obligations. Philip and Megan Ritter were married in 2008 and have three minor children. Megan was the primary income earner until 2014, after which Philip's income fluctuated significantly. Megan filed for divorce in July 2022, and the trial was held in June 2023. The district court awarded Megan primary residential responsibility for the children, spousal support of $2,000 per month, and child support of $4,023 per month.The district court of Richland County, Southeast Judicial District, valued the marital home at $328,540, incorporating both parties' valuation methods and the cost of a kitchen remodel. The court allocated the Bank of America Platinum Plus Credit Card debt to Philip, finding he failed to account for part of the debt. The court also included an indemnity clause for joint debts, deciding not to require refinancing of the marital home mortgage due to Megan's inability to refinance.The North Dakota Supreme Court reviewed the case and found no clear error in the district court's valuation and distribution of the marital estate. The court affirmed the spousal support award, noting the significant disparity in the parties' incomes and Megan's career sacrifices. The court also upheld the child support calculation, which averaged Philip's fluctuating income over three years, resulting in a monthly obligation of $4,023 for three children.The Supreme Court of North Dakota affirmed the district court's judgment, concluding that the findings on property valuation, spousal support, and child support were not clearly erroneous and were supported by the evidence. View "Ritter v. Ritter" on Justia Law

Keith and Latasha Warner were married in 2018 and have one child. In May 2022, Keith filed for divorce and requested primary residential responsibility. The parties initially agreed to an interim order granting equal residential responsibility. After mediation in August 2022, a summary agreement was prepared but not signed by either party. Keith served multiple documents to Latasha at an incorrect address, causing her to miss a scheduling conference and not receive a notice of trial. Despite this, the court mailed a scheduling order to her correct address, setting a trial date for June 5, 2023.At trial, Latasha requested a continuance to retain counsel, which the court denied. The court awarded primary residential responsibility to Keith. Latasha did not appeal the judgment but later moved for relief from judgment under N.D.R.Civ.P. 60, arguing that Keith's misrepresentation about the mediation agreement prevented her from fairly preparing her case. The district court held an evidentiary hearing and denied her motion.The North Dakota Supreme Court reviewed the district court’s denial of Latasha’s motion for relief from judgment for an abuse of discretion. The court found that the mediation agreement was not binding as it was not signed or approved by the court. The court also found that Keith’s counsel’s statement during trial was inaccurate but did not prevent Latasha from fairly preparing her case. The court concluded that the district court did not abuse its discretion in denying Latasha’s motion under N.D.R.Civ.P. 60(b)(3) and affirmed the decision. View "Warner v. Warner" on Justia Law

This case involves a dispute between Amber Elizabeth McCay and David William McCay, who were married in 2016 and divorced in 2018. They have one minor child, for whom David was initially awarded primary residential responsibility. In 2019, Amber filed a motion for an ex parte interim order, alleging that David had a history of alcohol abuse and had been charged with child neglect. The court denied her motion, stating that David was "innocent until proven guilty." Later, David entered an Alford plea to a charge of reckless endangerment. In 2023, Amber moved to modify primary residential responsibility and requested to relocate the child from North Dakota to Nevada. The district court granted her motion, awarding her primary residential responsibility and permission to relocate the child to Nevada.The District Court of Cass County, East Central Judicial District, found that Amber had established a prima facie case justifying modification and ordered an evidentiary hearing. Following the hearing, the court granted Amber's motion, awarding her primary residential responsibility and permission to relocate the child to Nevada. The court entered an amended judgment and parenting plan.David appealed the decision to the Supreme Court of North Dakota, challenging the court's findings on a material change in circumstances, best interest factors, the findings supporting relocation, and the findings related to the new parenting schedule. The Supreme Court affirmed the lower court's decision, concluding that the findings supporting the material change in circumstances, best interest factors, relocation, and the modified parenting schedule were not clearly erroneous. The court found that David's conduct constituted a significant change of circumstances that required a change in custody. The court also found that the changes in circumstances adversely affected the child, requiring a change in custody to foster the child's best interests. The court found that there was sufficient evidence to support the district court's findings regarding the best interest factors and that the court's findings on the Stout-Hawkinson factors, which consider the potential negative impact of relocation on the child, were not clearly erroneous. The court denied Amber's request for attorney’s fees for defending against the appeal, concluding that David's appeal was neither flagrantly groundless nor devoid of merit. View "McCay v. McCay" on Justia Law

The case involves Mariya Stephens and Kevin Lee, who were married in 2017 and have a child together. After their divorce in 2020, Stephens was granted primary residential responsibility of their child, with Lee receiving parenting time. The divorce judgment stated that if Stephens had a permanent change of duty station, the child would relocate with her. In 2021, Stephens married Charles Stephens and they had two children together. In 2022, the Stephens family contracted to build a home in Virginia and informed Lee of their plans to relocate. Stephens believed she had Lee's consent to relocate either under the divorce judgment or his text messages and emails. In April 2023, Stephens filed a motion for relocation and relocated before the district court could act on the motion.Lee objected to Stephens's relocation and requested the district court to deny her motion to relocate to Virginia. He also moved to amend the divorce judgment to give him primary residential responsibility for their child and filed a motion for contempt due to Stephens's alleged violations of the judgment. In May 2023, the district court required the Stephens family to return to North Dakota with their child. In October 2023, the district court denied Stephens's motion to relocate, awarded Lee primary residential responsibility, and granted his motion to amend the judgment.In the Supreme Court of North Dakota, Stephens argued that the district court erred in denying her motion to relocate. She claimed that she did not need Lee's consent due to language in the divorce judgment and, alternatively, that Lee consented to the relocation through text messages and emails. The Supreme Court affirmed the district court's decision, concluding that the divorce judgment did not provide Stephens with Lee's consent for her to move their child out of state, and did not err by denying her motion and by granting Lee's motion to change primary residential responsibility. View "Stephens v. Lee" on Justia Law

The case involves a dispute over primary residential responsibility for two minor children between Casey Kubal and Kari Anderson. The couple lived together in North Dakota, but Anderson moved to South Dakota with the children in March 2022. In April 2022, Anderson initiated litigation in South Dakota to establish primary residential responsibility. In August 2023, Kubal served Anderson with a summons and complaint in North Dakota, which were filed with the district court in October 2023. Anderson moved to dismiss the case, arguing that North Dakota was an inconvenient forum as she had already commenced litigation in South Dakota and the children continued to reside there.The District Court of Stark County, Southwest Judicial District, dismissed the case, ruling that it lacked jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) because North Dakota was not the children's home state when Kubal commenced the case. The court also ruled that even if it had jurisdiction, North Dakota would be an inconvenient forum. The court made its decision based on the pleadings and motion papers, noting that the parties failed to provide information regarding the South Dakota proceeding.The Supreme Court of North Dakota reversed the district court's decision and remanded the case. The Supreme Court found that the record was inadequate to determine whether subject matter jurisdiction exists under the UCCJEA. The court noted that the district court did not address the three other grounds for jurisdiction under the UCCJEA and that the nature of the rulings in South Dakota and the status of those proceedings were necessary to determine whether the district court has jurisdiction. The Supreme Court concluded that granting Anderson's motion to dismiss without understanding what has occurred in the South Dakota proceeding was contrary to the purpose of the UCCJEA. View "Kubal v. Anderson" on Justia Law

Joshua and Melissa Armitage were married in June 2019 and separated in February 2023. They have one child together, born in 2020. Melissa Armitage initiated a divorce action in February 2023. The district court held a bench trial in August 2023, and subsequently awarded Melissa Armitage primary residential responsibility of the minor child, subject to Joshua Armitage’s parenting time.Joshua Armitage appealed the district court's decision, arguing that the court erred in awarding Melissa Armitage primary residential responsibility of the minor child. He contended that many of the factors that the district court found favored neither party actually supported an award of equal residential responsibility.The Supreme Court of North Dakota reviewed the case under the clearly erroneous standard, which does not allow for reweighing of evidence or reassessment of witness credibility. The court considered the best interests and welfare of the child, as required by North Dakota law. The court noted that the district court had considered the evidence and made findings on the best interest factors, providing specific analysis on twelve of the factors. The court found factors (a) and (c) favored Melissa Armitage, while the remaining factors favored neither party.The Supreme Court of North Dakota concluded that the district court's findings of fact were not induced by an erroneous view of the law, were supported by the evidence, and did not leave the court with a definite and firm conviction a mistake had been made. The court affirmed the district court’s judgment, upholding the award of primary residential responsibility to Melissa Armitage. View "Armitage v. Armitage" on Justia Law

Scott and Traci Musland, married in 1997, separated in 2022, and Scott filed for divorce. The couple resolved several interim issues through mediation, including exclusive use of the marital and lake homes. A bench trial was held in July 2023, where both parties provided testimony and exhibits. The district court found the Musland marital estate to be valued at just over eight million dollars. Traci Musland was awarded sections of land, a lake home, all of the couple’s retirement funds, miscellaneous equipment, and personal property. She also received an “equity payment” of $700,000 and was allocated responsibility for the debt associated with her credit cards and appraisal fee, leaving her a net estate of $3,224,357. Scott Musland was awarded a net estate of $4,961,915, which included the marital home, farmland, and debt, totaling $2,388,931.Traci Musland appealed the district court's decision, arguing that the property division was clearly erroneous, that the court erred in setting a land rent value, and failing to award her rent for the 2023 tax year, and that the right of first refusal granted to Scott Musland was not appropriate. The Supreme Court of North Dakota reviewed the district court’s distribution of marital property under a clearly erroneous standard. The court found that the district court provided a thorough analysis of the Ruff-Fischer guidelines and applied the law properly. The court concluded that the division of the marital estate was not clearly erroneous.However, the Supreme Court of North Dakota agreed with Traci Musland that the language of the right of first refusal as written was not appropriate. The court remanded that issue to the district court to modify the right of first refusal to provide that it is triggered by the acceptance of an offer by Traci Musland, subject to the right of first refusal. The court affirmed the district court’s distribution of the marital estate in all other respects. View "Musland v. Musland" on Justia Law

Joseph and Brenda Field, who were divorced in California, have a minor child. The California court granted joint legal and physical custody of the child to both parents, with Brenda Field having primary physical custody. The court also allowed Brenda and the child to move to North Dakota and established a parenting schedule. The court did not modify the child support order, which required Joseph Field to pay $500 per month in child support and share other specified expenses of the child. The court also transferred venue for all future custody matters to North Dakota.After Brenda and the child moved to North Dakota, the Burleigh County district court registered the California court’s divorce judgment and orders. Later, the Burleigh County district court assumed jurisdiction over the child custody and parenting determinations. Joseph Field filed a motion to modify his parenting time, which Brenda Field opposed. After a hearing, the Burleigh County district court issued an amended judgment modifying parenting time, decision-making, and certain expenses to be paid by the parties.Joseph Field appealed, arguing that the Burleigh County district court lacked jurisdiction to modify the child support order because a California court retained jurisdiction under the Uniform Interstate Family Support Act. He also argued that the modified parenting plan was not in the child’s best interests.The Supreme Court of North Dakota affirmed the decision of the Burleigh County district court. The court found that Joseph Field had not provided sufficient evidence to support his argument that the Burleigh County district court lacked jurisdiction over child support. The court also found that the district court’s decision to modify the parties’ parenting time was not clearly erroneous and was in the best interests of the child. View "Field v. Field" on Justia Law

The case involves a dispute between Keisha Kemmet and Lindell Kemmet, who were married in September 2016 and separated in June 2021. The main issues in the case revolve around the distribution of marital property following their divorce. Keisha Kemmet argues that the district court's distribution of marital property was not equitable, the court's valuation of land was clearly erroneous, and the court's computations contain errors. Lindell Kemmet cross-appeals, arguing that the court's valuations of his remainder interest in his family's homestead, personal property items, and his dental practice were clearly erroneous. He also argues that the distribution of marital property is not equitable, the provision regarding health insurance is ambiguous, and the court abused its discretion by failing to allow for cross-examination of Keisha Kemmet’s expert witness.The district court had valued the parties' property and debts and made an equitable distribution. Both parties presented testimony regarding the valuation of the land and the dental practice. The district court issued its findings of fact, conclusions of law, and order for judgment and judgment. Both parties appealed.The Supreme Court of North Dakota found that the district court's valuation of the Kidder County property and the dental practice was not clearly erroneous. The court's valuations of these items were within the range of the evidence presented. However, the court's execution of the distribution created confusion and required clarification. The Supreme Court remanded the issue for proper accounting of the distribution of the marital estate. The court also found that the district court's finding of an equitable distribution of 40% to Keisha Kemmet in a short-term marriage was not clearly erroneous. The court's findings and distributions were supported by the record. The Supreme Court affirmed the judgment in all other respects, except for the court's findings regarding the valuation and distribution of the Kidder County property, which must be clarified and its distributions reconsidered. View "Kemmet v. Kemmet" on Justia Law