As divorces and custody claims have become more complicated and contentious in recent years, sometimes the laws of multiple states must be addressed in evaluating the parties’ claims. Generally, the law of the state where an action is properly filed will determine how a judge addresses each party’s claims. Sometimes, when a proceeding is ongoing, one state court may be required to apply the laws of another state in evaluating a claim. The Rhode Island Supreme Court recently accepted a lower court’s application of Connecticut law when determining the propriety of an attorneys’ fees award issued during a divorce claim.
The parties in the recently decided case had been married for over 10 years when their relationship became unsustainable, and they separated. Although the parties’ primary residence was in Rhode Island, the wife took the children to Connecticut to live with family upon separation and had them enrolled in school there. In response to the move, the husband requested an emergency custody hearing in Connecticut. During that hearing, the pirates managed to reach a settlement agreement (known as a postnuptial agreement, or PNA), to effectuate their divorce, child custody, and financial matters. Part of the settlement agreement included a provision that requires anyone who unsuccessfully challenged the agreement to pay the other party’s attorney fees.
After the parties’ disputes worsened, the husband brought an action for divorce in Rhode Island court, where he had been living at the time. The husband challenged the enforcement of the postnuptial agreement. The husband’s challenge of the agreement failed, and the Rhode Island court applied the terms of the PNA, ordering him to pay his ex’s reasonable attorneys’ fees for his unsuccessful challenge of the PNA.