October 8, 2024 by Ashley Norris
Lone Star Legal Aid’s Nicola Ostlund Helps Mother Facing Abuse and Financial Hardship Secure Divorce and Stability
Leaving an abusive relationship is challenging in and of itself, but it can feel almost impossible when also facing financial struggles. Irene, a veteran mother in Texas, sought freedom from an abusive relationship, determined to gain control of her life and provide stability for her daughter.
When Irene’s husband Derek moved out, she changed the locks to protect her and her daughter. Derek refused to contribute financially to their household, so all of the responsibility was on Irene’s shoulders. When she struggled to make ends meet, she aimed to get child support and ownership of their home. However, Derek moved back into the home without warning, changed the garage code, and hid important legal documents from her. Irene’s path to justice came to a screeching halt. Derek enjoyed rent-free living, while spending a lot of time going out with friends. As predicted, he repeatedly refused to sign the divorce decree.
Nicola Ostlund, a paralegal with Lone Star Legal Aid’s Richmond branch office, stepped in to help. Nicola provided Irene with the advice and instructions for filing her own motion to mediate. While Nicola is unable to file anything with the courts, she provided Irene with the advice and instructions for filing her own motion to mediate. She worked with Irene all the way through the divorce until completion.
Irene filed a motion to force Derek to mediate the case, which was ordered by the court. Irene and Derek attended two mediation sessions through the Dispute Resolution Center (DRC). Each time, Derek refused to agree to the terms of the divorce. The home was under Irene’s VA loan and had become a sticking point in their divorce. Though Derek argued over the house, he couldn’t afford it and didn’t want it for himself. The home had little equity, and due to Irene’s new financial situation, she had delayed mortgage payments.
At the second final hearing, Derek finally attended and agreed to the terms outlined in the Final Decree, including vacating the home sooner than originally planned. Irene can remain in their home, and once their daughter turns 18, Derek will either receive a payout from a sale or through refinancing. Derek received a Standard Possession Order (SPO) rights to his child. In Texas, an SPO is a court-ordered schedule that outlines when the parent without primary physical custody can spend time with their child. It’s the default arrangement in most family law cases unless both parents agree on a different schedule or unique circumstances apply. Derek was also ordered to pay child support, with a wage withholding order that will ensure compliance. Irene can now live in peace, knowing that her financial future is more stable and that she and her daughter are safe.
Nicola reflected on the experience, sharing: “Being able to help survivors like Irene through the divorce process by providing pleadings and instructions is incredibly rewarding. Irene had the determination to escape her situation but lacked the resources and knowledge to see it through. With support, she grew stronger, and as her abuser realized he could no longer control or intimidate her, he eventually gave in.”
Names have been changed to protect the identity of the client(s).
Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income and underserved populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. LSLA focuses its resources on maintaining, enhancing, and protecting income and economic stability; preserving housing; improving outcomes for children; establishing and sustaining family safety, stability, health, and wellbeing; and assisting populations with special vulnerabilities, like those with disabilities, the aging, survivors of crime and disasters, the unemployed and underemployed, the unhoused, those with limited English language skills, and the LGBTQIA+ community. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.
Media contact: media@lonestarlegal.org
