In re Marriage of de Koning

After a two-day permanent orders hearing, the trial court felt it lacked insufficient information to allocate attorney's fees in this divorce action. Therefore, the court chose to issue the decree dissolving the marriage, along with permanent orders addressing parental responsibilities, child support, the division of marital property, and spousal maintenance, but postponed a determination on fees. The hearing on fees was approximately six months later. In the gap between the permanent orders hearing and the fees hearing, Wife's counsel requested additional documents regarding her Husband's financial circumstances. Husband objected and requested a protective order, which the trial court issued. The court ultimately ordered each party to pay their own fees and costs. Wife appealed this order, and the court of appeals reversed, reasoning that the trial court should have permitted additional discovery in order to ensure an equitable determination of fees. The Supreme Court, after review, disagreed with the court of appeals' conclusion, and instead held that for the purpose of deciding whether to award attorney's fees, a trial court should consider the parties' financial resources as of the date of the issuance of the decree of dissolution. The case was reversed and remanded to reinstate the trial court's protective order and the order instructing both sides to pay their own fees. View "In re Marriage of de Koning" on Justia Law