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No. 99-579
IN THE SUPREME COURT OF THE STATE OF MONTANA
2000 MT 237
IN RE THE MARRIAGE OF,
JENNIFER L. SCHMIEDING,
Petitioner/ Respondent,
v.
PETER SCHMIEDING,
Respondent/ Appellant.
APPEAL FROM: District Court of the Eighteenth Judicial District,
In and for the County of Gallatin,
The Honorable Thomas A. Olson, Judge presiding.
COUNSEL OF RECORD:
For Appellant:
Mark L. Guenther, Nash, Guenther & Zimmer, Bozeman, Montana
For Respondent:
Edmund P. Sedivy, Jr., Sedivy, White & White, Bozeman, Montana
Submitted on Briefs: February 24, 2000
Decided: August 29, 2000
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Filed:
__________________________________________
Clerk
Justice William E. Hunt, Sr. delivered the Opinion of the Court.
¶1 On May 28, 1997, Respondent, Jennifer Schmieding (Jennifer), petitioned the
Eighteenth Judicial District Court, Gallatin County, for dissolution of her marriage to
Appellant, Peter Schmieding (Peter). This matter proceeded to a four-day trial held from
October 1, 1998, until October 8, 1998. On April 6, 1999, the District Court issued its
Findings of Fact and Conclusions of Law equitably distributing the marital assets and
liabilities, determining child support and maintenance, and awarding Jennifer her attorney
fees and costs. Following a hearing, the District Court ordered Peter to reimburse
Jennifer's attorney fees and costs totaling $26,561.88. On August 25, 1999, the District
Court entered its Decree of Dissolution incorporating the amount of attorney fees and
costs. Peter now appeals the award of attorney fees to Jennifer. We Affirm.
¶2 The only issue on appeal is:
Did the District Court abuse its discretion in awarding petitioner her attorney fees and
costs.
FACTUAL BACKGROUND
¶3 At the time of trial, October 1, 1998, Jennifer and Peter had been married eighteen
years. The parties' three teenage sons were ages 16, 16, and 12, Michael and Matthew
being twins. Peter was age 42 and Jennifer was age 41.
¶4 During the marriage, Jennifer worked primarily as a homemaker, caring for and raising
the parties' children and performing the many tasks of managing the household. In the
initial months of the parties' marriage, before the twins were born, she assisted Peter in his
dental practice as a receptionist and dental assistant. Other than that, she was not
employed outside of the home until the winter of 1997-98, when she took seasonal
employment at Big Sky as a ski patroller, where
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