In Re the Marriage of Kessler
251 P.3d 147
| Mont. | 2011Background
- Celest married William in 1980; they have two adult children.
- William retired from the U.S. Treasury in 2008 due to disability; his CSRS disability benefit was a major marital asset.
- Celest petitioned for dissolution on April 22, 2009.
- guardian ad litem Colleen Kirven was appointed due to William's organic affective disorder.
- Trial occurred May 28, 2010; Colleen accompanied William; William appeared pro se with Colleen nearby.
- Court valued William’s CSRS benefit at $860,201, considered inheritance of $253,744 from William’s mother, and ordered equal division of remaining accounts; urged post-trial balance verifications.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pro se representation after guardian ad litem | Kessler argues he should not have represented himself. | Celest contends issue not preserved and no right to force counsel. | District court did not err; guardian ad litem did not require additional counsel. |
| Proper division of CSRS benefits | Kessler contends life expectancy and disability should reduce value. | Court used CEL evaluation; no evidence life expectancy reduced value. | Court did not abuse discretion; no evidence of reduced life expectancy; valuation approved. |
| Treatment of appreciation on inherited property | Kessler seeks attribution of appreciation to inheritance funds. | No substantiated evidence of appreciation; balance post-judgment insufficient. | Equitable division left appreciation unresolved due to lack of evidence; accounts divided equally after setting aside inheritance. |
| Preservation of post-trial documentary evidence | William claimed post-trial balances should adjust distributions. | William failed to provide timely balances; evidence rejected. | Court properly rejected late submissions; division remained equal. |
Key Cases Cited
- In re Marriage of Williams, 352 Mont. 198 (2009 MT 282) (guides deference to district court in property division; standard of review for factual findings)
- In re Marriage of Rolfe, 216 Mont. 39 (1985 MT) (guardian ad litem scope; applicability to dissolution)
- In re Marriage of Bowman, 226 Mont. 99 (1987 MT) (life expectancy valuation must be evidence-based)
- In re Marriage of Steinbeisser, 313 Mont. 74 (2002 MT 309) (allocation of appreciation on inheritance)
- In re T.C., 2008 MT 335 (2008 MT) (preservation of issues on appeal)
- In re Bower, 355 Mont. 108 (2010 MT) (timeliness and grounds for preserving objections on appeal)
- Grende, 320 Mont. 38 (2004 MT) (appreciation allocation where inheritance funds involved)
- Bowman, 734 P.2d 197 (1987 MT) ((see Bowman under Rolfe/Steinbeisser context))