Shively v. Shively

Citations

• 2025 ND 69

Syllabus

A district court's judgment is reversed and remanded for reconsideration and a reasoned explanation of the district court's award of primary residential responsibility and parenting time, and distribution of property. A district court's findings of fact must be stated with sufficient specificity to enable a reviewing court to understand the factual basis for its decisions. In cases where a party has requested equal parental responsibility, and particularly where the court finds the parties are able to effectively communicate with each other, the district court must consider equal residential responsibility and articulate its reasoning sufficiently for appellate review. A district court's failure to explain the absence of extended summer parenting time is error, requiring remand for reconsideration and a reasoned explanation of the court's decision. While the marital home need not be irrevocably set aside to an heir, we have also explained that inherited property should be set aside to the heir where fairly possible.