Dieterle v. Dieterle - No. 20120329
Angela Dieterle appeals from a district court judgment granting Shannon Dieterle a divorce and determining issues of primary residential responsibility for the parties' child, child support, marital property and debt distribution, and spousal support.
The parties were married in 2009. It was Shannon Dieterle's first marriage and Angela Dieterle's second marriage, and she had three minor children from previous relationships. The parties had a daughter during the course of the marriage. The parties separated in 2011 after a domestic altercation, and Shannon Dieterle brought this divorce action. Following a trial, the district court awarded primary residential responsibility for the parties' child to Shannon Dieterle and ordered Angela Dieterle to pay $199 per month for child support. The court distributed the marital property and debt, awarding Shannon Dieterle a net amount of $112,423.31 and Angela Dieterle a net amount of $24,184.04. The court also ordered Shannon Dieterle to pay Angela Dieterle rehabilitative spousal support of $750 per month for 12 months and $2,500 for her partial attorney fees.
On appeal, Angela Dieterle argues the district court erred in awarding primary residential responsibility to Shannon Dieterle because it failed to apply the best interest factors, failed to make sufficient and proper findings on domestic violence, and improperly found she and her twin daughters were not credible. She argues the court improperly delegated its decision on the parenting plan to a parenting coordinator. She contends the court erred in its distribution of marital property and debt and erred in failing to award her substantially more in spousal support. She argues that this case should be remanded to a different judge because the judge who rendered the decision is biased against her. She also requests that the Supreme Court issue an order requiring Shannon Dieterle to comply with N.D.R.App.P. 28 and revise his appellate brief so it contains proper references to the record.