Peters-Riemers v. Riemer

2002 ND 72, 644 N.W.2d 197

 

RULE:

There is no right to a jury trial in divorce proceedings. 

FACTS:

Appellant husband appealed from a judgment dissolving the husband's marriage to appellee wife, awarding custody of the parties' son to the wife with supervised visitation for the husband, awarding child support and spousal support to the wife, and dividing the marital property, after the husband's request for a jury trial was denied. The trial court concluded that extreme cruelty was inflicted by the husband upon the wife during their marriage.

ISSUE:

Did the trial court abuse its discretion in not granting the husband a jury trial?

ANSWER:

No.

CONCLUSION:

The court affirmed and held that the trial court did not abuse its discretion in denying the husband a jury trial. Further, the trial court's findings of extramarital conduct and physical abuse were supported by the evidence, and the trial court's award of spousal support was supported by the evidence and was not clearly erroneous.

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