Berdahl v. Berdahl
Docket Info
- Title
- Cody Berdahl, Plaintiff and Appellant
v.
Joleen Berdahl, Defendant and Appellee - Case Type
- CIVIL APPEAL : DIVORCE/PROPERTY DIV./ALIMONY
- Appeal From
-
Case No. 2019-DM-00158
Northwest Judicial District, McKenzie County
Daniel Saleh El-Dweek
Highlight
A district court’s valuations of marital property are not clearly erroneous if they are within the range of evidence, and the value the court gives to marital property depends on the evidence presented.
Both economic and noneconomic fault may be considered in dividing marital property, but evidence presented may indicate both parties must share responsibility for the failure of the marriage.
Section 14-05-24(1), N.D.C.C. (2017), is not ambiguous and the district court does not have discretion to choose a valuation date for the marital estate. A court clearly errs by including property acquired after the valuation date provided by statute.
District court requiring one party to continue to pay post-separation marital expenses was equitable, as paying party had greater earnings and earning capacity and the obligation to pay had predetermined end date.
Rehabilitative spousal support may be awarded to provide receiving spouse with opportunity to acquire education, training, work skills, or experience to become self-sustaining.
A district court abuses its discretion by awarding attorney’s fees without proper statutory authority and without specific findings relating to ability to pay and need.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 11/15/2021 | NOTICE OF APPEAL : 11/15/2021 | |
2 | 11/15/2021 | ORDER FOR TRANSCRIPT (TRA's dated 7/27 & 28, 2021 due to be filed 1/18/22) : 11/19/2021 | |
3 | 11/19/2021 | Rec'd $125 Filing Fee | |
4 | 11/19/2021 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
5 | 11/19/2021 | Notice served on Elizabeth A. Elsberry and H. Malcolm Pippin | |
6 | 11/30/2021 | AMENDED ORDER FOR TRANSCRIPT (TRA dated 7/21/21 due to be filed 1/31/22) | |
7 | 12/14/2021 | ELEC. RECORD ON APPEAL DATED DECEMBER 13, 2021 (ENTRY NOS.1-176) | |
8 | 01/13/2022 | ELECTRONIC TRANSCRIPT DATED JULY 21, 2021 | |
9 | 01/13/2022 | ELECTRONIC TRANSCRIPT DATED JULY 27, 2021 | |
10 | 01/13/2022 | ELECTRONIC TRANSCRIPT DATED JULY 28, 2021 | |
11 | 01/13/2022 | TRANSCRIPT C.O.S. | |
12 | 02/17/2022 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 16, 2022 (ENTRY NOS. 177-178) | |
13 | 02/22/2022 | MOTION FOR STAY BY APPELLANT | |
14 | 02/22/2022 | APPELLANT BRIEF | View |
15 | 02/22/2022 | APPELLANT APPENDIX | |
16 | 02/22/2022 | Oral Argument Request by Appellant | |
17 | 02/24/2022 | ACTION BY CHIEF JUSTICE - Denied | |
18 | 02/25/2022 | Response Filed to Motion for Stay | |
19 | 02/28/2022 | Rec'd non-substantive corrections to ATB & ATA | |
20 | 03/01/2022 | Rec'd 3 copies of ATB & 2 copies of ATA from CSD | |
21 | 03/09/2022 | MOT. EXT/TIME APPELLEE BRIEF | |
22 | 03/09/2022 | ACTION BY CHIEF DEPUTY CLERK - Granted : 04/08/2022 | |
23 | 04/08/2022 | APPELLEE BRIEF | View |
24 | 04/08/2022 | Oral Argument Request by Appellee | |
25 | 04/11/2022 | Rec'd corrections to AEB | |
26 | 04/12/2022 | Rec'd 3 copies of AEB back from CD | |
27 | 04/19/2022 | NOTICE OF ORAL ARGUMENT SENT | |
28 | 04/22/2022 | REPLY BRIEF | View |
29 | 04/25/2022 | Rec'd corrections to RYB | |
30 | 04/27/2022 | Rec'd 3 copies of RYB from CD | |
31 | 05/12/2022 | APPEARANCES: Elizabeth A. Elsberry/H. Malcolm Pippin | |
32 | 05/12/2022 | ARGUED: Elizabeth A. Elsberry/H. Malcolm Pippin | |
33 | 05/12/2022 | ORAL ARGUMENT WEBCAST | |
34 | 07/07/2022 | DISPOSITION (and Remanded) | |
35 | 07/07/2022 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
36 | 07/07/2022 | Judgment | View |
37 | 07/07/2022 | By Order of the Court, costs to neither party | |
38 | 07/08/2022 | Corrected/Substitute Opinion Page (pg.4, para.7, line 1, the word "makings" has been changed to | |
39 | 07/08/2022 | "making" | |
40 | 07/29/2022 | MANDATE |