PRO BONO MATRIMONIAL PROJECT
The Pro Bono Matrimonial Project offers pro bono attorneys the opportunity to assist domestic violence victims in both contested and uncontested divorces. Divorcing an abusive spouse can be one of the most liberating moments for a survivor of domestic violence. For many clients, divorce allows them to reclaim their pre-abuse identity and empowers them through breaking free from the abuse. Divorce also affords them the right to sever all legal and financial ties with their spouse.
An uncontested divorce is generally when both parties agree to get divorced and they do not have any issues other than "getting divorced," or when both parties agree on all the issues or have resolved all the issues through having obtained family court orders, or when the Defendant fails to respond after being served and defaults in the divorce. If personal service is impractical or dangerous, a person can bring a motion for a court order allowing service of process by alternative methods. For instance, for many of our clients, a divorce is not possible because the batterer has disappeared or fled the jurisdiction, often times to avoid prosecution for a crime of violence against our client. Thus, we recruit pro bono attorneys to take a "publication divorce" to help these clients.
A publication divorce is an uncontested divorce in which the defendant-spouse cannot be located and personal service of the divorce summons cannot be effectuated. In these circumstances, the Court may authorize service by publication, typically in the New York Law Journal, after a motion is made articulating the results of a due diligent search for the Defendant-spouse. In some instances, the results of the due diligent search reveal the whereabouts of a missing spouse. In those cases, the matter proceeds as an uncontested divorce with personal service on the Defendant. If the Defendant contests the action, Sanctuary for Families will assume representation or will co-counsel with the firm, should the firm wish to remain involved on the case.
A contested divorce is when there are unresolved issues in a divorce and litigation/negotiation is required to finalize the divorce through either a settlement or the court's determination. The issues to be negotiated/litigated vary from case to case, ranging from child custody and visitation to financial disputes, such as maintenance (the terminology for "alimony" in New York State), child support, or equitable distribution of marital assets and debts.
Sanctuary for Families places pro bono matrimonial cases with law firms throughout the year. This pro bono matrimonial project offers associates an opportunity to interview clients, draft motions and divorce pleadings, and secure a divorce for a survivor of domestic violence through handling an uncontested divorce or a publication divorce, or through negotiating/litigating a contested matter.
An uncontested divorce is generally when both parties agree to get divorced and they do not have any issues other than "getting divorced," or when both parties agree on all the issues or have resolved all the issues through having obtained family court orders, or when the Defendant fails to respond after being served and defaults in the divorce. If personal service is impractical or dangerous, a person can bring a motion for a court order allowing service of process by alternative methods. For instance, for many of our clients, a divorce is not possible because the batterer has disappeared or fled the jurisdiction, often times to avoid prosecution for a crime of violence against our client. Thus, we recruit pro bono attorneys to take a "publication divorce" to help these clients.
A publication divorce is an uncontested divorce in which the defendant-spouse cannot be located and personal service of the divorce summons cannot be effectuated. In these circumstances, the Court may authorize service by publication, typically in the New York Law Journal, after a motion is made articulating the results of a due diligent search for the Defendant-spouse. In some instances, the results of the due diligent search reveal the whereabouts of a missing spouse. In those cases, the matter proceeds as an uncontested divorce with personal service on the Defendant. If the Defendant contests the action, Sanctuary for Families will assume representation or will co-counsel with the firm, should the firm wish to remain involved on the case.
A contested divorce is when there are unresolved issues in a divorce and litigation/negotiation is required to finalize the divorce through either a settlement or the court's determination. The issues to be negotiated/litigated vary from case to case, ranging from child custody and visitation to financial disputes, such as maintenance (the terminology for "alimony" in New York State), child support, or equitable distribution of marital assets and debts.
Sanctuary for Families places pro bono matrimonial cases with law firms throughout the year. This pro bono matrimonial project offers associates an opportunity to interview clients, draft motions and divorce pleadings, and secure a divorce for a survivor of domestic violence through handling an uncontested divorce or a publication divorce, or through negotiating/litigating a contested matter.
Training and Supervision
Sanctuary for Families screens all eligible clients in advance of placing cases with a firm. Sanctuary schedules live training periodically with various law firms in the City of New York on the topics of uncontested divorce, publication divorce and contested divorce. We place cases with the pro bono attorneys after the training. From time to time, Sanctuary may provide individual guidance and place pro bono matrimonial cases upon the request from the pro bono attorney(s).
The pro bono attorneys will receive ongoing supervision and mentor-ship from Sanctuary attorneys during the course of the representation. Frequently Asked Questions
Additional Case Management Support
Will the pro bono attorney be able to refer the client back to Sanctuary for other legal needs or non-legal needs?
Certainly. Sanctuary provides holistic services to survivors of gender based violence. If the pro bono attorneys spot new issues or identify certain needs, we encourage them to contact the supervising attorney at Sanctuary so we can address the needs and make appropriate referrals, either to our in-house resource or to other providers. Manual/Samples
Where can the pro bono attorney find the manual and the samples needed?
Once the conflict check has cleared and the pro bono representation begins, the participating pro bono attorney will be given a password to log in to the various "portals" for the webpages accessible only by current participants. The pro bono attorneys will be able to download the applicable manual and the samples once they log in through the portals. |
Sanctuary Staff Contact
Francisco Santiago, Esq.
Deputy Director, Matrimonial/Economic Justice Project Lauren Patel, Esq. Matrimonial and Economic Justice Project, Senior Staff Attorney Uncontested Divorce Project Supervisor |