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Video Transcribed: This is Keith Flinn, I am a Tulsa father’s rights attorney. I want to point out something that’s really interesting about these attorneys fees awards in domestic violence. Oftentimes, particularly if you’re going to trial, I’m not talking about in a settlement.
If you’re going to trial, and there’s a domestic violence argument, judges are holistic, they’re global, they’re trying to create some division that addresses every issue in the case with one final sweeping order. A lot of times, the property division may account for domestic violence.
In other words, the judge may equitably divide property, and that in some way compensating for this domestic violence. There’s a court case, very recently, I’ll point out to you, it’s Rudzant 2020 OK Civ App 50. In this case, a court did just that. Basically, found an equitable divide that compensated her for these attorney’s fees. It’s clear that’s what he was doing, and he denied her application for attorney fees.
She appealed it, and the Supreme Court, actually it was the Court of Civil Appeals, came back and said, “No. That’s not how it’s done. You’ve got to consider her attorney’s fees argument.” Now, she’s going to get the benefit of this equitable divide, as well as the attorney’s fees.
Even if you did it, even if you are on the hook for attorney fees, we’re going to lose that aspect of the hearing. You need a lawyer who is going to biforate the issue. It’s got to be equitable division, attorneys fees separate. That is the punishment. That is the punishment for that. Otherwise, you’re going to get attacked twice. If you are looking for Tulsa Child Custody Attorney for Men, or a divorce attorney for men contact me today.