Buist v. Buist

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Husband Michael Buist and Wife Katie Buist married in 1999 and had one child. In 2007, Wife filed for divorce, seeking, inter alia, attorneys' fees and costs. In 2009, the family court granted the couple a divorce on the grounds that they had lived separate and apart for one year. In November 2009, the family court conducted a final hearing, receiving testimony from Husband, Wife, their witnesses, and a guardian ad litem (GAL) regarding contested issues of division of marital assets, child custody and visitation, and child support. At the hearing, Wife's attorney submitted a fee affidavit requesting approximately $15,000 in attorneys' fees. Husband's attorney did not object to the affidavit, but submitted his own fee affidavit regarding his earlier motion for a rule to show cause. In the final divorce decree, the family court ordered Husband to pay $8,000 towards Wife's attorneys' fees and costs within 180 days. The court also ordered Husband and Wife to each pay half of the $2,768.90 owed to the GAL within 180 days. Finally, the family court ordered Wife to pay Husband's attorney $3,050 in regards to Husband's motion for a rule to show cause. Husband appealed, arguing, inter alia, that the family court erred in failing to apply the factors set forth in "Glasscock v. Glasscock" or "E.D.M. v. T.A.M" prior to awarding attorneys' fees to Wife. The Supreme Court affirmed the trial court, finding that because Husband was not sufficiently specific in his objection to the family court's final divorce decree, he waived any objection that the family court did not adequately apply the Glasscock or E.D.M. factors. View "Buist v. Buist" on Justia Law

Posted in: Family Law

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