A-23-0439 Christina M. Dibuono-Gonzalez (appellee) v. Daniel J. Gonzalez (appellant)
Sarpy County District Court, Judge Stefanie A. Martinez
Attorney for Appellant: Ryan P. Watson (Gross Welch Marks Clare, PC LLO)
Attorney for Appellee: Donald A. Roberts (Roberts Law, L.L.C.)
Civil Action: Dissolution of Marriage; Marital Estate Division; Child Custody
Action Taken by Trial Court: The trial court dissolved the parties’ marriage, awarded custody of the minor children, and divided the marital estate subject to the parties’ prenuptial agreement. The trial court classified proceeds from a house that Christina acquired prior to the marriage, but sold during the marriage, as separate property for the marital estate division. The trial court classified $1,000 of Daniel’s retirement account as separate property and determined the remaining balance belonged to the marital estate. It also awarded Christina sole legal and physical custody of the minor children, subject to Daniel’s parenting time.
Assignments of Error on Appeal: Daniel assigns that the district court erred in classifying (1) the proceeds Christina received from the sale of the Madison house as nonmarital and (2) Daniel’s retirement fund as a marital asset aside from the $1,000 provided in the premarital agreement. Daniel also assigns the district court erred in determining it was in the children’s best interests to award Christina sole physical custody.