North Dakota Supreme Court

Rachel M. Kautzman, Plaintiff, Appellee, and Cross-Appellant v. Robert A. Kautzman, Defendant, Appellant And…

October 30, 19981998 N.D. LEXIS 195

Summary

The court affirmed most of the divorce judgment but reversed portions concerning the valuation of the marital business, the resulting property distribution, and consideration of trial-level attorney fees. It held that the trial court properly considered the parties' premarital period of cohabitation, the applicable property-division factors, and the substantial disparity in earning capacities when dividing property and awarding spousal support. The case was remanded to revalue the business, redetermine the property distribution, expressly consider attorney fees caused by Robert's litigation misconduct, and determine Rachel's request for appellate attorney fees.