In re Marriage of Walter

The Court of Civil Appeals of the State of Oklahoma, Division IV · 2025 · Family Law

Family Lawcustodyrelocationsupport alimonyattorney feesdomestic abuseproperty valuationlife insurance security

Facts

Mary Kate and Ryan Walters married in 2006 and had two young children. In the divorce proceedings, Mary Kate sought sole custody, permission to relocate to Shreveport, child support, support alimony, and attorney fees, and she alleged Ryan had committed domestic abuse during the marriage. She testified to two physical-abuse incidents and other abusive conduct, while Ryan denied the physical incidents but admitted Mary Kate had complained about his anger, screaming, cursing, and hurtful behavior. The district court found domestic abuse, awarded Mary Kate sole custody, allowed relocation, awarded support alimony and attorney fees, and required Ryan to maintain life insurance securing future child support and alimony.

Issue

Whether the district court erred in finding domestic abuse, awarding attorney fees under 43 O.S.2021 § 112.6, granting sole custody and relocation, awarding support alimony, accepting Mary Kate's business-valuation evidence, and requiring life insurance that secured future support obligations beyond amounts accrued and unpaid at death. Also at issue was whether the district court improperly reduced Mary Kate's attorney-fee award by excluding pre-discovery-cutoff work.

Rule

Under 43 O.S.2021 § 112.6, in a dissolution, separate maintenance, or custody proceeding, a victim of domestic abuse who applies and proves victimization by a preponderance of the evidence is entitled to reasonable attorney fees and costs, and the court must order the abusing party to pay a substantial portion of those reasonable fees and costs incurred after the filing of the petition. Section 112.6 does not authorize an automatic award of all fees, but it does not permit excluding any period of post-petition litigation from consideration. In custody matters, joint custody is inappropriate where the parties cannot communicate and work together sufficiently to make joint decisions in the child's best interest. For relocation, the relocating parent must first prove good faith, after which the burden shifts to the objecting parent to show the move is not in the children's best interest. Life-insurance security for child support and support alimony may secure only amounts due and unpaid at the obligor's death, not unaccrued future obligations.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In a divorce proceeding in Tulsa, Nina Patel alleges that her spouse, Owen Mercer, repeatedly shoved her and screamed at her in front of their child. After trial, the court finds by a preponderance of the evidence that Nina was a victim of domestic abuse, but the judge denies her fee request because the abuse was not severe enough to justify fee shifting.

How should an appellate court rule on Nina's challenge to the denial of attorney fees?

Explanation. The majority held that 43 O.S. § 112.6 uses mandatory language. Upon application and a showing by a preponderance of the evidence that a party is a victim of domestic abuse, the party is entitled to reasonable attorney fees and costs, and the court must order the abusing party to pay a substantial portion. The degree of abuse does not determine whether the statute applies once abuse is found.