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A new NYC program offers free divorce lawyers to domestic violence victims
By
Karen Yi
Published Sep 30, 2025
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By
Karen Yi
Published Sep 30, 2025
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New Yorkers trapped in abusive marriages because they cannot afford to get divorced may get relief under a new city program providing free legal assistance to domestic violence survivors.
Under the $2 million program, hundreds of people who can show that they have experienced domestic violence and are income-eligible will get free legal assistance for divorce proceedings through the Legal Aid Society, New York Legal Assistance Group and Sanctuary for Families. Lawmakers say the program, which would begin next year, could provide an essential escape hatch for many people who can’t afford the expense of divorcing abusive partners.
In many states, divorces are processed through family courts. But in New York, they instead go through the Supreme Court, a venue that requires a longer, more expensive and paperwork-heavy legal process. In most cases, New Yorkers are not entitled to free legal representation for divorce. And for domestic violence survivors struggling to afford housing and custody of their children, paying fees for a divorce lawyer is out of the question.
“ There is a very stark difference in power and control in a relationship that domestic violence is present in, and that doesn't end when someone asks for a divorce,” said Tuozhi Lorna Zhen, project director of the matrimonial project at the New York Legal Assistance Group, a free legal service organization that will get city funding under the program. When survivors aren’t represented, she said, they can sign away rights and agree to unfavorable terms without knowing it.
Laura Russell, director of the family domestic violence unit at Legal Aid, said divorces can take a year if they’re uncontested. Contested ones, which most domestic violence cases are, can take four to five years. She said divorces can deal with anything from child custody to how to split assets, housing, pensions and child visitations.
“Many survivors live in rent-control or rent-stabilized apartments, and the issue of who is going to get that apartment is also an issue in a divorce proceeding,” Russell said. “You're really talking about people who, if they're not able to get the access to the benefits that they can get through a divorce, they really can be left homeless and with no place to turn.”
She said people going through the process can be inundated with paperwork: She said just the filing for an uncontested divorce is around 65 pages.
“ We also see a lot of people who are in their 60s, who just are done. And so they're grateful they can leave, but they know that if they can't get a portion of the retirement accounts on a 30 or 40 year marriage, they're gonna have nothing,” she said.
Russell said it’s not just housing costs, child care and food prices rising. Lawyers are getting more expensive, too, potentially trapping people in abusive marriages longer, she said.
Deputy Council Speaker Diana Ayala, who was a cosponsor of the bill, said she sees helping people who can’t afford it through divorce proceedings as a form of mental health treatment. As a survivor of domestic violence herself, Ayala said, she knows the role divorces can play in abusive relationships.
“The fact somebody has to endure staying in a relationship that has run its course and has been physically and emotionally unhealthy is something we should take seriously especially when we’re talking about individuals’ mental health,” she said.
“I understand the experience of having to be tied legally to someone where there’s much trauma and so much history and not being able to move on. There’s no closure, because you're legally binded,” she said.
Fantasa Benjamin, who finalized her divorce with the help of Legal Aid earlier this year, said she wouldn't have been able to afford the divorce or navigate all the cumbersome forms without legal help.
“You don’t know the correct paperwork to do,” she said. Without someone helping her through the various court dates, “I think I would still be married and struggling to figure out how to get out of this.”
Now, she’s started her own nonprofit, Sista 2 Sista Enterprise to help single women and mothers navigate difficulties in their life.
"Leaving a relationship where there is abuse can be the most dangerous time for survivors and their children,” said Saloni Sethi, Commissioner of the NYC Mayor’s Office to End Domestic and Gender-Based Violence, which will oversee the program.
Council member Julie Menin, who sponsored the council bill added that the initiative would ensure people experiencing domestic violence aren’t left to navigate the bureaucracy alone.
“This is an issue of financial empowerment and fairness,” she said in a statement.
This story has been updated to include comment from Commissioner of the NYC Mayor’s Office to End Domestic and Gender-Based Violence, and City Council Member Julie Menin.
Tagged
economy
new york city
public safety
Karen Yi
Karen Yi covers homelessness and poverty. She joined the WNYC and Gothamist newsroom in 2020. Before that, Karen covered Newark for the Star-Ledger and spent almost a decade working for newspapers in New Jersey and Florida. She grew up in Miami and has a dog named Cashew. Got a tip? Email [email protected] or Signal 917-589-1460.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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