Opinion

Fischer v. Fischer

  • 139 N.W.2d 845
Court
North Dakota Supreme Court
Filed
Feb 14, 1966
Status
Published
Author
Teigen
On the bench
Erickstad, Strutz, Teigen, Burke, Knudson
Cited by
234 cases

attorney fees at trial level

How later courts described this case

  • attorney fees at trial level

Written by the judges who cited it.

The opinion

TEIGEN, Judge

(concurring specially).

I concur in the result but feel that the amount of attorney’s fees stated in the judgment, after a division of the property was effected, should be reduced by one-half of the amount of attorney’s fees allowed. The reason is simple. The law contemplates that where temporary alimony is awarded to prosecute the action, Section 14-05-23, N.D.C.C., quoted in the majority opinion, it should be paid before a division is made of the property. This reduces the amount of the assets for division by an amount equal to the amount allowed as temporary alimony necessary to prosecute the action.

In this case the trial court attempted to divide the property as nearly as possible on a fifty-fifty basis. However, this it did not accomplish because the husband is required to pay the temporary alimony awarded the wife to prosecute the action from the assets which he has left after the division is made. This makes for a differential of $3,000 in this case. It is, therefore, my opinion that the amount set forth in the judgment for this purpose should be reduced to the sum of $750.

ERICKSTAD, Judge.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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