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Cermak v. Cermak

North Dakota Supreme Court
569 N.W.2d 280 (1997)


Facts

Loretta Cermak (defendant) and Duane Cermak (plaintiff) were married for 30 years. In 1995, Duane filed for divorce. The district court granted Duane’s petition and ordered that he pay Loretta $600 per month in permanent alimony. Duane requested that the court include a provision that the award would terminate upon Loretta’s cohabitation with another man, but the court declined to add that provision. Shortly after, Loretta began cohabitating with another man. Duane filed a request with the district court to terminate the alimony award due to Loretta’s cohabitation, because it resembled remarriage. The district court denied Duane’s request, because the original order stated that the award only terminated upon the death or remarriage of the recipient. Duane filed another appeal. In the event his request for termination was denied, Duane requested that the alimony award be reduced.

Rule of Law

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Issue

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Holding and Reasoning (VandeWalle, C.J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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