Bott v. Bott

Citations

• 2024 ND 209

Syllabus

A district court does not have continuing jurisdiction over a final property distribution. Nevertheless, a final property division in a divorce may be modified in the same manner and on the same grounds as other judgments including a motion pursuant to N.D.R.Civ.P. 60. Extraordinary circumstances are required for N.D.R.Civ.P. 60(b)(6) to be invoked. If the judgment sought to be set aside was entered based on a stipulation of the parties, the party challenging the judgment has the additional burden of showing under the law of contracts there is justification for setting aside the stipulation. On appeal, only considered is a determination of whether the district court abused its discretion in ruling that sufficient grounds for disturbing the finality of a judgment were not established, not whether the court was substantively correct in entering the judgment from which relief was sought.