The DC Court of Appeals in McClintic v. McClintic, addressed and analyzed in details when it is appropriate for the trial court in divorce litigation to award attorney’s fees. Factually, parties unable to settle after more than a year and extensive mediation proceeded to trial with the trial court ultimately granting the divorce, dividing the marital property, and awarding the couple joint legal and physical custody of their three children. Subsequently, both parties sought to recover attorney’s fees, each arguing that the other had made the litigation burdensome and oppressive. Mrs. McClintic argued that Mr. McClintic’s systemically and throughout the
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