(dissenting).
[¶ 38.] In determining whether to award attorney fees, the trial court first considers if the fee is reasonable. Driscoll, 1997 SD 113, ¶ 22, 568 N.W.2d at 775. The judge then reviews:
(1) the amount and value of the property involved; (2) the intricacy and importance of the litigation; • (3) the labor and time involved; (4) the skill required to draft pleadings and try the case; (5) the discovery procedures utilized; (6) the existence, of .complicated legal problems; (7) the time required; (8) whether briefs were required; and (9) whether an appeal to this court is involved.
Id. (quoting Kappenman, 522 N.W.2d at 204) (other citations omitted). The grant or denial of attorney fees in domestic relations cases rests in the sound discretion of the trial court and will not be reversed without a showing that the court abused its discretion. Id. ¶ 10, 522 N.W.2d 199.
[¶ 39.] The trial court reviewed the affidavit filed by Carolyn’s counsel requesting attorney fees and determined that Carolyn’s selection of new counsel added to the legal fees and, consequently, Dr. Jameson *585should not be required to pay attorney fees. The court believed that “[t]his is no one’s fault, it is not motivated by a malevolent spirit,” and concluded each party was to pay their own attorney fees. The trial court was present for the proceedings and was aware of what was happening throughout the litigation. After reviewing the record, I cannot say the trial court abused its discretion. See Billion, 1996 SD 101, ¶ 50, 553 N.W.2d at 237.
[¶ 40.] Carolyn further petitioned on appeal for attorney fees, plus tax in the amount of $4,994.72, and costs incurred in the sum of $605.42. The petition is accompanied by a verified, itemized statement of costs incurred and legal services rendered as required by Malcolm v. Malcolm, 365 N.W.2d 863 (S.D.1985). In determining the award of attorney fees, we consider factors such as the property owned by each party, their relative incomes, the liquidity of assets, and whether either party unreasonably increased the time spent on the case. Storm v. Storm, 400 N.W.2d 457, 458 (S.D.1987) (citations omitted). Considering the above, I would award Carolyn attorney fees of $2,497.36.