Victims of domestic violence in New York will be provided with free divorce lawyers.
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Victims of domestic violence in New York will be provided with free divorce lawyers.

'01.10.2025'

ForumDaily New York

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New Yorkers who remain in abusive marriages because of the high cost of divorce may be able to get help under a new city program. Gothamist tells in more detail.

This program will provide victims of domestic violence with free legal support.

The program will be funded with $2 million. Hundreds of people who can prove domestic violence and meet income requirements will receive free legal assistance. help with divorce processes. This will be handled by the Legal Aid Society, the New York Legal Assistance Group, and Sanctuary for Families.

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Lawmakers say the initiative, which launches next year, will offer a chance for those who cannot afford to divorce an abusive partner.

The Peculiarities of Divorce in New York

In many states, divorces are heard in family court. In New York, this is handled by the Supreme Court. This procedure requires more time, money, and paperwork.

Most residents do not have the right to a free lawyer for divorce. For victims of domestic violence already struggling with housing and child custody, the cost of a lawyer is prohibitive.

"In domestic violence relationships, there's always a huge imbalance of power and control. That doesn't go away when a person files for divorce," said Tuozhi Lorna Zheng, project manager at New York Legal Assistance Group.

She noted that without a lawyer, people may unknowingly waive their rights and agree to unfavorable terms.

Difficulties and deadlines

Laura Russell, director of Legal Aid's domestic violence unit, explained that divorces can last a year if they are uncontested. However, most cases of violence are contested, which can drag on for four to five years.

Divorces involve issues of child custody, division of property, housing, pension savings, and visitation with children.

"Many victims live in rent-regulated apartments. Divorce proceedings determine who will remain in the apartment. If a person doesn't have access to the rights and benefits available through divorce, they could end up homeless," Russell noted.

According to her, even an uncontested divorce requires about 65 pages of documents.

"We see a lot of people over sixty who are simply tired. They're happy to retire, but they realize that if they don't get some of their retirement savings from 30-40 years of marriage, they'll be left with nothing," Russell stated.

According to her, not only housing, childcare, and food are becoming more expensive, but also legal fees. This can keep people in abusive marriages longer.

Deputy City Council Speaker Diana Ayala co-authored the bill. She emphasized that divorce assistance is also a form of mental health support. Diana, a survivor of domestic violence herself, knows the importance of divorce in such cases.

"The fact that someone is forced to remain in a physically and emotionally destructive relationship is serious, especially when it comes to mental health," she said.

"I understand what it's like to be legally bound to someone who carries so much trauma and history. It's impossible to move on, there's no closure, because you're still legally bound," Ayala emphasized.

An example of a successful divorce

Fantasa Benjamin filed for divorce with Legal Aid this year. She admitted she couldn't have gone through the process without legal assistance.

“You don’t even know what documents you need to submit,” she noted.

Without the support of numerous court hearings, she said, "I would still be in the marriage trying to figure out how to get out."

Now Fantasa has created her own non-profit organization, Sista 2 Sista Enterprise, which helps women and mothers cope with difficulties.

"Leaving an abusive relationship can be the most dangerous time for a victim and their children," explained Saloni Sethi, the New York City Mayor's Commissioner for Domestic and Gender-Based Violence Prevention. Her office will oversee the program.

Julie Mannin, a city council member and the bill's sponsor, assured that the initiative will not leave victims alone to deal with bureaucracy.

"It's a question of financial independence and fairness," Manning concluded.

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