Opinions

Interest of Wedmore 2025 ND 123
Docket No.: 20240303
Filing Date: 7/3/2025
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: A district court's order granting a motion for a witness to appear by electronic means is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

A district court's order finding an individual qualifies as a sexually dangerous individual must contain findings that the individual has a serious difficulty controlling their behavior.

Fagnon v. Ngaima 2025 ND 122
Docket No.: 20250074
Filing Date: 7/3/2025
Case Type: Appeal - Civil - Protection/Restraining Order
Author: McEvers, Lisa K. Fair

Highlight: A district court may grant a disorderly conduct restraining order when a petitioner shows there are reasonable grounds to believe that the respondent has engaged in disorderly conduct. Disorderly conduct means intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person.

A district court's findings of fact must be sufficient to enable an appellate court to understand the factual determinations made by the district court and the basis for its conclusions of law. The district court's findings are adequate if the appellate court can discern from them the factual basis for the district court's decision.

There must be logical limits on the time and distance factors when a restraining order is at issue.

Toppenberg v. Toppenberg, et al. 2025 ND 121
Docket No.: 20250017
Filing Date: 7/3/2025
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: According to N.D.C.C. § 14-09-08.4(4) and N.D. Admin. Code. § 75-0204.1-07(7), party seeking modification of a child support order that was entered at least one year before the filing of the motion has the burden of proving that the existing level of support does not conform to the guidelines and that the change in employment was not made for the purpose of reducing the obligor's child support obligation.

A proper finding of net income is essential to determine the correct amount of child support under the child support guidelines. Net income is the total gross annual income less certain amounts available for deduction under N.D. Admin. Code § 75-02-04.1-01(6). Gross income is defined as "income from any source, in any form," except for some specific exclusions under N.D. Admin. Code § 75-02-04.1-01(4)(a).

Sanda v. Sanda 2025 ND 120
Docket No.: 20240352
Filing Date: 7/3/2025
Case Type: Appeal - Civil - Divorce
Author: Jensen, Jon J.

Highlight: When a divorce is granted, the district court shall make an equitable distribution of the property and debts of the parties. All property held by the parties, whether it is held individually or jointly, is deemed marital property, and the court must determine the property's total value before making an equitable distribution. This includes separate property, or property exempt from being included as marital property, that has been commingled or placed into a joint bank account.

If the parties do not mutually agree upon a valuation date, the valuation date for marital property and debt is sixty days before the initially scheduled trial date. If there is a substantial change in value of an asset or debt between the date of valuation and the date of trial, the district court may adjust the valuation of that asset or debt as necessary to effect an equitable distribution and shall make specific findings that another date of valuation is fair and equitable.

A property distribution does not need to be equal to be equitable, but the district court must explain a substantial disparity. The property's origin may be considered when equitably dividing the estate, along with economic fault and dissipation of assets.

A premarital agreement is a contract that is interpreted in a manner that gives effect to the parties' mutual intent at the time of contracting, usually in relation to the disposition of property upon divorce.

We do not reweigh conflicts in the evidence, and we give due regard to the district court's opportunity to judge the credibility of the witnesses.

Interest of J.O. 2025 ND 119
Docket No.: 20250036
Filing Date: 7/3/2025
Case Type: Appeal - Juvenile - Deprivation
Author: Per Curiam

Highlight: A juvenile court judgment finding the children are in need of protection is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of L.O. 2025 ND 119
Docket No.: 20250037
Filing Date: 7/3/2025
Case Type: Appeal - Juvenile - Deprivation
Author: Per Curiam

Highlight: A juvenile court judgment finding the children are in need of protection is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of A.O. 2025 ND 119
Docket No.: 20250038
Filing Date: 7/3/2025
Case Type: Appeal - Juvenile - Deprivation
Author: Per Curiam

Highlight: A juvenile court judgment finding the children are in need of protection is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of A.O. 2025 ND 119
Docket No.: 20250039
Filing Date: 7/3/2025
Case Type: Appeal - Juvenile - Deprivation
Author: Per Curiam

Highlight: A juvenile court judgment finding the children are in need of protection is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Reciprocal Discipline of Odegaard 2025 ND 118
Docket No.: 20250115
Filing Date: 6/18/2025
Case Type: Discipline - Attorney - Reciprocal
Author: Per Curiam

Highlight: Lawyer disbarred

Anderson v. Anderson 2025 ND 117
Docket No.: 20240343
Filing Date: 6/18/2025
Case Type: Appeal - Civil - Divorce
Author: Per Curiam

Highlight: A divorce judgment entered after a bench trial is summarily affirmed under N.D.R.App.P. 35.1(a)(2).