Marschner v. Marschner, 20010220.
| Decision Date | 16 April 2002 |
| Docket Number | No. 20010220.,20010220. |
| Parties | Richard Henry MARSCHNER, Plaintiff and Appellee, v. Carol MARSCHNER, Defendant and Appellant. |
| Court | North Dakota Supreme Court |
642 N.W.2d 857
2002 ND 67
v.
Carol MARSCHNER, Defendant and Appellant
No. 20010220.
Supreme Court of North Dakota.
April 16, 2002.
Kelly A. Dillon, Minot, for defendant and appellant.
Michael S. McIntee of McIntee Law Firm, Towner, for plaintiff and appellee.
NEUMANN, Justice.
[¶ 1] Carol Marschner appeals from the trial court's judgment retaining the original distribution of marital assets, and reserving jurisdiction over the issue of spousal support until after the ten-year period for the payment of the property
I
[¶ 2] Carol Marschner and Richard Marschner married in 1962. Carol Marschner spent her married life on the farm where she fulfilled the duties of a wife and mother, and she assisted in various aspects of the farming operations. Both parties are in their sixties. Carol Marschner has some health problems, but her primary obstacles in obtaining meaningful employment are limited skills needed in the job market. Richard Marschner also has some health problems, but none that prevent him from working on the farm.
[¶ 3] The parties' divorce was tried on September 8, 1999. The trial court issued its opinion on January 7, 2000. The court awarded Richard Marschner the farm operation and equipment valued at $168,779. The court awarded Carol Marschner her inheritance of $83,933, and a cash award of $50,000. The trial court did not award spousal support. Carol Marschner moved for a new trial alleging certain errors and, subsequently, appealed the trial court's new findings. This Court reversed and remanded for reconsideration of the spousal support issue. Marschner v. Marschner, 2001 ND 4, 621 N.W.2d 339. The hearing on remand was held April 19, 2001. The trial court concluded there was no additional evidence presented requiring reconsideration of the distribution of the parties' assets. The trial court reserved consideration of a spousal support award and retained jurisdiction over the issue until the ten-year property distribution has been completed. Carol Marschner appeals, arguing the trial court erred in failing to award immediate spousal support or redistribute the marital estate.
II
[¶ 4] The trial court's determinations regarding valuation and division of marital property are findings of fact and will not be reversed unless they are clearly erroneous. Dufner v. Dufner, 640 N.W.2d 694, 2002 ND 47, ¶ 8. A finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if there is no evidence to support it, or if, after reviewing all the evidence, the reviewing court is left with a definite and firm conviction a mistake has been made. Zeller v. Zeller, 2002 ND 35, ¶ 5, 640 N.W.2d 53. The burden is on the complaining party to demonstrate on appeal that a trial court's finding of fact is clearly erroneous. Barth v. Barth, 1999 ND 91, ¶ 7, 593 N.W.2d 359.
[¶ 5] This Court initially considered this case in ...
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