< Home Page [About Us] Why? Access to some research documents (those we license from independent legal research companies) are restricted to subscribers. To gain access to ALL of these documents, you must subscribe. If you are already a subscriber, you may sign in before you begin your research. (Why Subscribe?)

Cases of Interest: North Dakota
© National Legal Research Group, Inc.

Appeal (full category)

NORTH DAKOTA: Wetzel v. Wetzel, 589 N.W.2d 889 (N.D. 1999).
The wife's acceptance of payment of her entire award did not waive her right to appeal from the judgment.
Read More About This Case

Classification of Assets (full category)

NORTH DAKOTA: Boehm v. Boehm, 651 N.W.2d 672 (N.D. 2002).
Where the husband leased a business, but had an option to purchase after the lease was over, the trial court did not err by including the business in the divisible estate. An equal division of the marital home and the wife's retirement benefits was not mandatory. The focus of review is on the fairness of the entire division, and not upon whether individual assets were or were not divided equally.
Read More About This Case

NORTH DAKOTA: Fox v. Fox, 592 N.W.2d 541 (N.D. 1999).
Future disability payments do not constitute marital property because they are intended as a replacement for the disabled spouse's future income.
Read More About This Case

Closely Held Businesses (full category)

NORTH DAKOTA: Kaiser v. Kaiser, 555 N.W.2d 585 (N.D. 1996).
The value of the wife's interest in a closely held corporation did not have to be determined with a minority discount of more than 11.3%.
Read More About This Case

NORTH DAKOTA: Fisher v. Fisher, 568 N.W.2d 728 (N.D. 1997).
The trial court did not err in refusing to apply a minority discount to shares of stock assigned to the wife in the parties' property division.
Read More About This Case

Corporations (full category)

NORTH DAKOTA: Grinaker v. Grinaker, 553 N.W.2d 200 (N.D. 1996).
The trial court did not abuse its discretion by appointing a receiver for the parties' business, but the wife should have sought relief in the parties' pending divorce action rather than in a separate action for equitable relief.
Read More About This Case

Disability Benefits (full category)

NORTH DAKOTA: Fox v. Fox, 592 N.W.2d 541 (N.D. 1999).
Future disability payments do not constitute marital property because they are intended as a replacement for the disabled spouse's future income.
Read More About This Case

Division of Property (full category)

NORTH DAKOTA: Peterson v. Peterson, 600 N.W.2d 851 (N.D. 1999).
Property division does not need to be equal to be equitable, but a substantial disparity must be explained. Here, the disparity was explained by the contributions of the wife and the conduct of the husband.
Read More About This Case

NORTH DAKOTA: Heggen v. Heggen, 541 N.W.2d 463 (N.D. 1996).
Allowing the husband to use nearly all of the marital estate to enhance his financial position, while requiring the wife to wait 25 years to receive her share, was clearly inequitable.
Read More About This Case

Factors in Award (full category)

NORTH DAKOTA: Linrud v. Linrud, 552 N.W.2d 343 (N.D. 1996).
It was error for the trial court to divide the parties' property in proportion to their incomes without an additional explanation for the substantial disparity in the division.
Read More About This Case

Federal Preemption (full category)

NORTH DAKOTA: Kluck v. Kluck, 561 N.W.2d 263 (N.D. 1997).
Social Security benefits paid to the wife could not be classified as marital property in view of the Social Security Act's antialienation provision.
Read More About This Case

Income (full category)

NORTH DAKOTA: Linrud v. Linrud, 552 N.W.2d 343 (N.D. 1996).
It was error for the trial court to divide the parties' property in proportion to their incomes without an additional explanation for the substantial disparity in the division.
Read More About This Case

Interest on Assets (full category)

NORTH DAKOTA: Hendrickson v. Hendrickson, 553 N.W.2d 215 (N.D. 1996).
The wife should be required to pay simple interest at the rate of 4% on the money judgment granted to the husband.
Read More About This Case

Joinder (full category)

NORTH DAKOTA: Selland v. Selland, 519 N.W.2d 21 (N.D. 1994).
The husband's complaint seeking money damages from domestic violence advocates who had assisted the wife could not be joined in the parties' divorce proceeding.
Read More About This Case

Military Benefits (full category)

NORTH DAKOTA: Moilan v. Moilan, 598 N.W.2d 81 (N.D 1999).
The valuation of retirement benefits must be considered at present value, and the division of such benefits at the time of the divorce is the preferable course.
Read More About This Case

NORTH DAKOTA: Knoop v. Knoop, 542 N.W.2d 114 (N.D. 1996).
Federal law did not require that the term "retirement pay" in the parties' divorce judgment be construed to mean "disposable retired pay."
Read More About This Case

Pensions (full category)

NORTH DAKOTA: Moilan v. Moilan, 598 N.W.2d 81 (N.D 1999).
The valuation of retirement benefits must be considered at present value, and the division of such benefits at the time of the divorce is the preferable course.
Read More About This Case

NORTH DAKOTA: Nelson v. Nelson, 584 N.W.2d 527 (N.D. 1998).
When the husband and wife remarried each other after their first divorce, all of their assets became marital property, and when they divorced for the second time all of their time together should have been considered in the property division.
Read More About This Case

Postdecree Proceedings (full category)

NORTH DAKOTA: Clooten v. Clooten, 520 N.W.2d 843 (N.D. 1994).
The husband's motion to vacate for fraud was properly denied because he failed to show that he had a special relationship of trust with the wife's attorney which was breached, or that the wife breached a "fiduciary relationship" by overreaching in the settlement agreement.
Read More About This Case

NORTH DAKOTA: Kostelecky v. Kostelecky, 537 N.W.2d 551 (N.D. 1995).
Because the parties' divorce decree did not specify how required distributions were to be structured or who would be liable for the resulting taxes, the decree was ambiguous and clarification was appropriate.
Read More About This Case

Remarriage (full category)

NORTH DAKOTA: Nelson v. Nelson, 584 N.W.2d 527 (N.D. 1998).
When the husband and wife remarried each other after their first divorce, all of their assets became marital property, and when they divorced for the second time all of their time together should have been considered in the property division.
Read More About This Case

Social Security Benefits (full category)

NORTH DAKOTA: Kluck v. Kluck, 561 N.W.2d 263 (N.D. 1997).
Social Security benefits paid to the wife could not be classified as marital property in view of the Social Security Act's antialienation provision.
Read More About This Case

Tax Consequences (full category)

NORTH DAKOTA: Kostelecky v. Kostelecky, 537 N.W.2d 551 (N.D. 1995).
Because the parties' divorce decree did not specify how required distributions were to be structured or who would be liable for the resulting taxes, the decree was ambiguous and clarification was appropriate.
Read More About This Case

Third Parties (full category)

NORTH DAKOTA: Selland v. Selland, 519 N.W.2d 21 (N.D. 1994).
The husband's complaint seeking money damages from domestic violence advocates who had assisted the wife could not be joined in the parties' divorce proceeding.
Read More About This Case

Valuation of Property (full category)

NORTH DAKOTA: Moilan v. Moilan, 598 N.W.2d 81 (N.D 1999).
The valuation of retirement benefits must be considered at present value, and the division of such benefits at the time of the divorce is the preferable course.
Read More About This Case

NORTH DAKOTA: Kaiser v. Kaiser, 555 N.W.2d 585 (N.D. 1996).
The value of the wife's interest in a closely held corporation did not have to be determined with a minority discount of more than 11.3%.
Read More About This Case

NORTH DAKOTA: Fisher v. Fisher, 568 N.W.2d 728 (N.D. 1997).
The trial court did not err in refusing to apply a minority discount to shares of stock assigned to the wife in the parties' property division.
Read More About This Case

Go to: Cases of Interest by Category
Go to: Previous Page

[ Find a Divorce Professional to Help You With Your Divorce ]

Recommended Book: Pension Rights at Divorce: This book presents basic information about the pension rights of women upon divorce. It is meant to answer the questions women going through divorce most frequently ask about pensions.

Store Categories State Guidebooks Find Professionals Support Calculations

The Research Center: (Divorce Cases of Interest)	Research Home
Find Case Law, Case Analysis, and Divorce Information... Keyword(s) Any WordsAll WordsPhrase Research Tips

Find Professionals Children Issues Financial Issues Divorce Laws Pensions Issues Surviving Divorce More...

Book Store Download Center Divorce Forms Sep. Agreements Win Custody Par. Agreements Modification Forms Support Calculations

Join Directory Free Web Pages Advertising

Site Map Terms & Conditions Privacy Statement Contact Us Link to Us Advertising

Copyright© 1996-2009. All rights reserved by Divorce Source, Inc.
Comments & Suggestions? or Recommend This Page to a Friend!