When Linda came to the Jose De Diego Legal Clinic in the fall of last year and spoke with the volunteers there from Katten Muchin Rosenman LLP, she was seeking assistance with obtaining a divorce from her abusive husband.
Since the pension was the only piece of property at issue, it should have been a straightforward process that didn’t require the resources of an attorney. For that reason, LAF initially planned to refer Linda to the CARPLS divorce help desk for help filling out the appropriate paperwork.
“We would have closed the case if it wasn’t for Alyse,” says Myka Held, an attorney with LAF’s Family Law Practice group who served as co-counsel with Alyse Sagalchik in representing Linda. “In hindsight, I’m glad we didn’t.”
Alyse is an attorney at Katten Muchin Rosenman LLP who regularly volunteers at the clinic, which, she notes, is her “favorite pro bono commitment—not just since I have been at Katten but since I began practicing law.” Alyse had been looking to contribute even more, and, she says, “Linda happened to reach out to LAF at exactly the right time.” So Alyse took Linda’s case pro bono and moved forward with the divorce, hoping to resolve the issue as quickly as possible by obtaining a default judgment. Since Carl was in jail and unlikely to appear in court, this should have been easy.
Before they could obtain that judgment though, Alyse and LAF received a letter from Carl in jail. It was a rambling, 4-page long document that accused Linda of abuse toward him, demanded money before he would agree to a divorce, and ranted about the attorneys representing Linda. Carl also sent correspondence to the presiding judge, which delayed the case further. On top of all that, based upon a technical issue in the criminal case against him for assaulting Linda, Carl successfully appealed his conviction in the criminal case and was granted a new trial.
“Linda desperately wanted to be rid of him,” says Myka. “She was worried that he would come after her if he got out of jail.” What’s more, Carl planned to represent himself in his second criminal trial, which means he would be the one questioning Linda about his own violence toward her.
Thanks to Alyse and Myka’s hard work, the divorce was at last finalized in early March—five months after the petition for dissolution of marriage was filed. Linda also put the prosecutor assigned to Carl’s domestic violence case in contact with LAF so they could share information that will hopefully prevent Linda from being subjected to the trauma of being questioned by her abuser in court.
Linda’s story reminds us of the difference legal aid can make in the lives of our clients, and demonstrates how vital our volunteer partners are as we work to increase access to justice. As Alyse puts it, “It is amazing to me the difference between the results for those who have legal representation and those who do not…that is not part of my understanding of how justice ought to work. I am trying, in this tiny way, to fix that for as many individuals as I can.” Her help, combined with contributions from LAF staff and her fellow clinic volunteers, enabled Linda to make a break with her abuser and start a new chapter in her life.