Legal Opinion · Dissent
In Re the Marriage of Wagner
Montana Supreme Court
Decided March 12, 1984No. 83-338Published
1DissentJustice Gulbrandson
I respectfully dissent.
This Court recently stated in Holston v. Holston (Mont. 1983), [205 Mont. 470,] 668 P.2d 1048, 1050, 40 St.Rep. 1435, 1436:
“The standard for reviewing the property division in a dissolution decree is well settled in Montana. The apportionment made by the district court will not be disturbed on review unless there has been a clear abuse of discretion as manifested by a substantially inequitable division of marital assets resulting in a substantial injustice. (Citations omitted.) Abuse of discretion is further indicated by a trial court’s arbitrary action without…
2Cases cited1 opinion
- Holston v. HolstonMontana Supreme Court · 1983