In re the Marriage of Celest Marie Kessler and William Charles Kessler

Summary

The Supreme Court of Montana affirmed a marital dissolution decree addressing self-representation after appointment of a guardian ad litem, distribution of Civil Service Retirement System benefits, and appreciation on inherited property. The court held that the district court did not err in permitting William Kessler to proceed pro se, valuing and distributing the retirement benefits without a reduced-life-expectancy adjustment, or equally dividing investment-account balances after setting aside traceable inheritance amounts.

Holdings

1. Montana Rule of Civil Procedure 17(c) does not require the appointment of an attorney in addition to a guardian ad litem, and the district court did not err by allowing William to represent himself after appointing his sister as guardian ad litem.
2. The district court did not abuse its discretion by using the submitted valuation of William's CSRS disability benefit without reducing it for an allegedly shortened life expectancy that William did not raise or support with evidence in the district court.
3. Although appreciation traceable to one spouse's inheritance may be allocated solely to that spouse, the district court properly divided the remaining investment-account balances equally because William failed to prove that traceable appreciation existed or to provide reliable account-balance evidence.

Questions Presented

1. Whether the district court improperly allowed William to represent himself pro se after appointing a guardian ad litem because of mental health concerns.
2. Whether the district court improperly distributed William's Civil Service Retirement System disability benefits without reducing their valuation based on his allegedly shortened life expectancy.
3. Whether the district court improperly distributed appreciation on investment accounts containing William's inherited property.

Disposition

affirmed