Domestic Violence in Moldova - The Advocates for Human Rights

Where children or property issues are involved, the divorce process becomesmore complicated and the couple must apply to the court. Although divorce, in theory,does not require a showing of fault, courts consider it their primary responsibility to takemeasures to reconcile the spouses. 218 To this end, the judge may postpone hearing thecase, at his or her discretion, and may establish a “reconciliation period” of up to sixmonths. The marriage is dissolved when the court determines that the spouses can nolonger live together and maintain the family. If the spouses cannot agree on custody ofthe children or the amount of child support, the court will decide these issues. 219 Thecourt may also decide on the division of common property. 2202. Obstacles to DivorceWhile judges are not required to impose a reconciliation period on a divorcingcouple, cultural attitudes in Armenia on the importance of family ensure that theyroutinely do so. According to one judge, the divorce process may take anywhere fromten days to nine months, “depending on the attitude of the judge towards the family.” 221One woman recounted seeking a divorce from her abusive husband. The judge imposeda six-month reconciliation period despite the fact that the spouses were no longer livingtogether and, according to the woman, there was no chance they would reconcile. 222International research shows that abuse continues or even intensifies when awoman tries to leave her husband. 223 The reconciliation period may therefore present areal danger to a woman and her children. Even when a couple has separated, but has notyet divorced, the husband may try to control or terrorize the wife. One woman left herhusband and went to her parents’ house, but her husband pursued her and beat her218 Article 33. Judicial Dissolution of Marriage. . . The court takes measures to reconcile the spouses. The court has the right to postpone hearing thecase and set a reconciliation period for the spouses. This period may not exceed six months.The marriage is dissolved if the court establishes that the further joint life of the spouses and support ofthe family has become impossible.When carrying out a decision on the annulment of marriage, in necessary cases, the court takesmeasures to protect the interests of under-aged children and a spouse who is unable to work.219 Family and Marriage Code, Article 34.220 Id., Article 36.221 Interview, February 22, 2000 (judge, Yerevan).222 Interview, May 9, 2000 (victim, Gyumri).223 A woman’s attempt to leave her abuser, which includes divorce and separation, is considered a “redflag” or trigger for lethal abuse. See Neil Websdale, Maureen Sheeran and Byron Johnson, ReviewingDomestic Violence Fatalities: Summarizing National Developments (1999), available at.Minnesota Advocates for Human Rights, Domestic Violence in Armenia, December 2000 40