In Re the Marriage of Skinner

783 P.2d 1350, 240 Mont. 299, 1989 Mont. LEXIS 341
CourtMontana Supreme Court
DecidedDecember 19, 1989
Docket89-304
StatusPublished
Cited by13 cases

This text of 783 P.2d 1350 (In Re the Marriage of Skinner) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Marriage of Skinner, 783 P.2d 1350, 240 Mont. 299, 1989 Mont. LEXIS 341 (Mo. 1989).

Opinion

JUSTICE HARRISON

delivered the Opinion of the Court.

Ronald Skinner appeals the decision of the District Court of the Fourth Judicial District, Missoula County, awarding his former wife, Lucinda Skinner, property, maintenance payments and attorney’s fees and requiring him to pay all marital debts. We affirm.

The appellant presents the following issues for review:

1. Did the District Court err in failing to make adequate findings of fact before dividing the marital property?
2. Did the District Court err in awarding maintenance to the respondent in the amount of $300/month for three years?
3. Did the District Court err in awarding attorney’s fees to the respondent?

Ronald and Lucinda Skinner began living together in mid-1980 and on December 5, 1982 the couple married. This was the second marriage for both and each had children from previous marriages, but no children were born of this union. Both parties are 40-year-old high school graduates with some college education.

*301 Throughout the marriage Ronald has been employed as a millwright at Stone Container’s Frenchtown plant. He was making approximately $14.50 per hour when the couple wed and at the time of these proceedings his wage was $17.65 per hour. Lucinda worked at various jobs during the marriage but at the time of dissolution was making $6.32 per hour as a lab assistant at Missoula Community Hospital where she has been employed since 1984. At one time Lucinda was a maintenance engineer for Champion International but had quit, at Ronald’s request, in order to work at the couple’s ranch and be available to Ronald’s children and her daughter.

Prior to the marriage Ron bought property, known as the “Kidd property,” which was sold and money from sale of the Kidd property was used to purchase the “Hoover property” in 1980. The Hoover property, located just outside of Stevensville, Montana, became the marital residence. When the couple separated in 1986, Ronald remained at the marital home, while Lucinda rented an apartment in Stevensville.

Ronald Skinner petitioned for dissolution in June, 1987. Following a hearing, the District Court entered a Decree of Dissolution on November 2, 1987, but reserved all other issues for final hearing. A hearing on the remaining issues was held January 14, 1988 from which the court made Findings of Fact and Conclusions of Law, and entered an Order on June 28, 1988. A month later, on Ronald’s motion, the court granted a new trial limited to new evidence. After the new trial in July, 1988, Lucinda moved for a stay in the proceedings in order to present additional evidence. The District Court granted the stay and additional evidence was taken on November 18, 1988. Based on the evidence from the additional hearings, the District Court amended its earlier Findings of Fact, Conclusions of Law and Order and filed the amended version on February 6, 1989.

During the course of the proceedings, Ronald seriously injured his left hand while replacing a window in his girlfriend’s house and did not work from February 27, 1988 to October 3, 1988. While he was convalescing Ronald received accident and sickness insurance payments of approximately $950 per month, but received full pay and benefits upon his return to work.

Before the injury Ronald moved from the marital home and moved in with his girlfriend. Also pre-injury, Ronald stopped making payments on the marital property (the Hoover property) and withheld this information from the District Court at the January 14, 1988 hearing. This non-payment eventually caused the property to be *302 foreclosed upon and sold at sheriff’s sale. Ronald did not attempt to sell the property prior to the foreclosure.

The marital estate had also been dissipated by Ronald’s sale of certain livestock after the parties separated, in violation of the court’s restraining order. Ronald deposited most of these proceeds in his own account, but did put $5,000 from the sale of cattle into a trust account in recognition of Lucinda’s share. Additionally, Ronald deliberately misled the District Court regarding the sale of a bull. Ronald also deposited in his own account the entire amount of the couple’s refund from their joint Federal and State income tax returns. Ronald also deposited $5,000 of marital monies into a savings account in the name of the girlfriend he now lives with.

During the marriage, Lucinda inherited approximately $19,000 from her mother’s estate. Some of this money was invested in stocks and some was placed in a Kemper account on which both parties wrote checks. The majority of the inheritance was used up during the marriage, but the remaining $5,546 is now held jointly by Lucinda and her daughter.

Before discussing the issues presented on appeal, we will address the problem of bifurcation of issues in a dissolution proceeding. Section 40-4-104, MCA, provides:

“(1) The district court shall enter a decree of dissolution of marriage if:
“(d) to the extent it has jurisdiction to do so, the court has considered, approved, or made provision for child custody, the support of any child entitled to support, the maintenance of either spouse, and the disposition of property.”

In this case we note the District Court entered a decree of dissolution of the marriage on November 2, 1987, and it was not until February 6, 1989 that the District Court filed its final judgment relating to the disposition of the marital property. The requirement of § 40-4-104(1), MCA, was not met. The District Court should have entered judgment relating to the disposition of marital property before entering the decree of dissolution of the marriage.

Although we will not find reversible error in this instance, we call to the attention of the bench and bar the necessity to comply with the above statute.

In the past, before the amendment of § 40-4-104(1), MCA, in 1985, this Court notes that too often appeals were filed involving a delay of months, and occasionally years, between the decree of dissolution *303 and the final judgment relating to child custody, support of any child entitled to support, the maintenance of either spouse and the disposition of property. The delays that occurred were often intolerable resulting in a complete failure of the administration of justice. In re Marriage of Krause (1982), 200 Mont. 368, 654 P.2d 963; and In re Marriage of Loegering (1984), 212 Mont. 499, 689 P.2d 260.

Along with the above-noted statute, the court should also consider the provisions of § 40-4-201(1), MCA, in dissolution cases.

Issue 1. Did the District Court err in failing to make adequate findings of fact before dividing the marital property?

Division of marital property is governed by statute:

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Bluebook (online)
783 P.2d 1350, 240 Mont. 299, 1989 Mont. LEXIS 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-skinner-mont-1989.