[¶ 3] “This Court reviews an award of primary residential responsibility under the clearly erroneous standard of review, which does not allow us to reweigh the evidence, reassess the credibility of witnesses, or substitute our judgment for a district court's initial decision.” Martire v. Martire, 2012 ND 197, ¶ 6, 822 N.W.2d 450. “A district court's decision awarding primary residential responsibility is a finding of fact which will not be reversed on appeal unless it is induced by an erroneous view of the law, if no evidence exists to support it, or if on the entire record we are left with a definite and firm conviction a mistake has been made.” Id.
We review an award of primary residential responsibility under the clearly erroneous standard of review, which does not allow us to reweigh the evidence, reassess the credibility of witnesses, or substitute our judgment for a district court's initial decision. Martiré v. Martiré, 2012 ND 197, ¶ 6, 822 N.W.2d 450. A court's decision awarding primary residential responsibility is a finding of fact which will not be reversed on appeal unless it is induced by an erroneous view of the law, if no evidence exists to support it, or, although there is some evidence to support it, on the entire record we are left with a definite and firm conviction a mistake has been made. Fonder v. Fonder, 2012 ND 228, ¶ 16, 823 N.W.2d 504. [¶ 7] Angela Dieterle first contends the district court, in its ruling on primary residential responsibility, failed to apply the best-interest factors and made no findings of fact regarding those factors.
[¶ 2] This is a continuation of “contentious” divorce proceedings between parties who “accumulated significant assets during their marriage.” Martiré v. Martiré, 2012 ND 197, ¶¶ 2, 3, 822 N.W.2d 450. The parties were divorced in 2010 after a nearly 20–year marriage and they were awarded joint primary residential responsibility for their two sons. Id. Hendricksen Martiré was awarded primary residential responsibility for their daughter.
” 2012 ND 197, ¶ 22, 822 N.W.2d 450 (internal citation omitted). The district court in Martiré used the rebuttal criteria in N.D. Admin. Code § 75–02–04.
[¶ 6] This Court reviews an award of primary residential responsibility under the clearly erroneous standard of review, which does not allow us to reweigh the evidence, reassess the credibility of witnesses, or substitute our own judgment for a district court's initial decision. Martiré v. Martiré, 2012 ND 197, ¶ 6, 822 N.W.2d 450. A district court's decision awarding primary residential responsibility is a finding of fact which will not be set aside on appeal unless it is induced by an erroneous view of the law, no evidence exists to support it, or, on the entire record, we are left with a definite and firm conviction a mistake has been made. Smith v. Martinez, 2011 ND 132, ¶ 3, 800 N.W.2d 304. A choice between two permissible views of the weight of the evidence is not clearly erroneous. Id.
Hitz v. Hitz, 2008 ND 58, ¶ 10, 746 N.W.2d 732. Our review under the clearly erroneous standard “does not allow us to reweigh the evidence, reassess the credibility of witnesses, or substitute our judgment for a district court's initial decision.” Martire v. Martire, 2012 ND 197, ¶ 6, 822 N.W.2d 450. [¶ 9] A district court is required to make an equitable distribution of divorcing parties' marital property and debts.
Review under the clearly erroneous standard “does not allow us to reweigh the evidence, reassess the credibility of witnesses, or substitute our judgment for a district court's initial decision.” Martire v. Martire, 2012 ND 197, ¶ 6, 822 N.W.2d 450. There is sufficient evidence in the record to uphold the district court's finding that an upward deviation would be in the best interests of the children. The district court's finding that an upward deviation was appropriate is not clearly erroneous.
[¶8] Paul Saastad argues the district court erred in granting Raina Saastad primary residential responsibility of their shared children. In support, he cites Martire v. Martire , 2012 ND 197, 822 N.W.2d 450, in which this Court affirmed a district court’s grant of joint residential responsibility despite findings that the parties agreed "on virtually nothing." However, in Martire , we emphasized the deference we pay to the trial court’s determination.
“Relevant to a spousal support determination is the distribution of marital property, the liquid nature of the property, and the income-producing nature of property.” Marschner v. Marschner, 2001 ND 4, ¶ 13, 621 N.W.2d 339. “Property distribution and spousal support are interrelated and must be considered together.” Martiré v. Martiré, 2012 ND 197, ¶ 30, 822 N.W.2d 450. “A district court's distribution of marital property is treated as a finding of fact, which we review under the clearly erroneous standard of review.” Hoverson v. Hoverson, 2013 ND 48, ¶ 8, 828 N.W.2d 510. The district court must “equitably divide the entire marital estate under the Ruff–Fischer guidelines.
[¶ 16] Under the clearly erroneous standard of review, we do not reweigh the evidence, reassess the credibility of the witnesses, or substitute our judgment for the district court's decision. Martire v. Martire, 2012 ND 197, ¶ 6, 822 N.W.2d 450. Moreover, a choice between two permissible views of the weight of the evidence is not clearly erroneous. Id. There is evidence to support the district court's findings, and we conclude the court's findings are sufficiently specific to understand the basis for the court's decision to order supervised visitation outside the presence of Deaver's fiancee and her daughter.