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

  1. Holston v. HolstonMontana Supreme Court · 1983

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API