Domestic Violence in Moldova - The Advocates for Human Rights
Domestic Violence in Moldova - The Advocates for Human Rights
Domestic Violence in Moldova - The Advocates for Human Rights
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
Where children or property issues are <strong>in</strong>volved, the divorce process becomesmore complicated and the couple must apply to the court. Although divorce, <strong>in</strong> theory,does not require a show<strong>in</strong>g of fault, courts consider it their primary responsibility to takemeasures to reconcile the spouses. 218 To this end, the judge may postpone hear<strong>in</strong>g thecase, at his or her discretion, and may establish a “reconciliation period” of up to sixmonths. <strong>The</strong> marriage is dissolved when the court determ<strong>in</strong>es that the spouses can nolonger live together and ma<strong>in</strong>ta<strong>in</strong> the family. If the spouses cannot agree on custody ofthe children or the amount of child support, the court will decide these issues. 219 <strong>The</strong>court may also decide on the division of common property. 2202. Obstacles to DivorceWhile judges are not required to impose a reconciliation period on a divorc<strong>in</strong>gcouple, cultural attitudes <strong>in</strong> Armenia on the importance of family ensure that theyrout<strong>in</strong>ely do so. Accord<strong>in</strong>g to one judge, the divorce process may take anywhere fromten days to n<strong>in</strong>e months, “depend<strong>in</strong>g on the attitude of the judge towards the family.” 221One woman recounted seek<strong>in</strong>g a divorce from her abusive husband. <strong>The</strong> judge imposeda six-month reconciliation period despite the fact that the spouses were no longer liv<strong>in</strong>gtogether and, accord<strong>in</strong>g to the woman, there was no chance they would reconcile. 222International research shows that abuse cont<strong>in</strong>ues or even <strong>in</strong>tensifies when awoman tries to leave her husband. 223 <strong>The</strong> reconciliation period may there<strong>for</strong>e 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. . . <strong>The</strong> court takes measures to reconcile the spouses. <strong>The</strong> court has the right to postpone hear<strong>in</strong>g thecase and set a reconciliation period <strong>for</strong> the spouses. This period may not exceed six months.<strong>The</strong> marriage is dissolved if the court establishes that the further jo<strong>in</strong>t life of the spouses and support ofthe family has become impossible.When carry<strong>in</strong>g out a decision on the annulment of marriage, <strong>in</strong> necessary cases, the court takesmeasures to protect the <strong>in</strong>terests 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 <strong>in</strong>cludes divorce and separation, is considered a “redflag” or trigger <strong>for</strong> lethal abuse. See Neil Websdale, Maureen Sheeran and Byron Johnson, Review<strong>in</strong>g<strong>Domestic</strong> <strong>Violence</strong> Fatalities: Summariz<strong>in</strong>g National Developments (1999), available at.M<strong>in</strong>nesota <strong>Advocates</strong> <strong>for</strong> <strong>Human</strong> <strong>Rights</strong>, <strong>Domestic</strong> <strong>Violence</strong> <strong>in</strong> Armenia, December 2000 40