last updated February 1, 2006

Divorce is frequently seen as the only option for women fleeing violent husbands. However, it is often extremely difficult for women to obtain a divorce and keep herself safe during the process. Divorces are often costly for women. "[W]omen bear the costs of feeding and clothing the children (a task made especially difficult given the lack of enforcement mechanisms for child support and alimony payment) and also bear the burden of locating a new home." From MAHR, Domestic Violence in Macedonia 24 (1998). In Moldova, women reported that lack of housing alternatives and severe economic circumstances deter women from seeking divorces. Countries throughout the region are experiencing similar problems.

As the Toolkit notes, the "most likely predictor of whether a battered woman will permanently separate from her abuser is whether she has the economic resources to survive without him." Divorce laws that ensure equitable divisions of marital property and provide for child support and maintenance further women's ability to protect themselves from violence by providing them with the resources to become financially independent of their abusers.

In many countries in the CEE/FSU region, women are required to participate in mediation or joint counseling with their husbands or undergo a waiting period before a divorce is granted. These requirements place women in jeopardy because they prevent them from separating from their husbands at a time when the danger of severe and lethal retaliation is at its greatest.

Women in Moldova and Poland, for example, reported that courts may postpone hearings on divorce cases to encourage reconciliation. This approach has extremely dangerous consequences for women since research shows that during the period directly following a woman's decision to leave her abuser, the risk of serious, even lethal, violence increases.

From MAHR, Domestic Violence in Poland 39 (2002); MAHR, Domestic Violence in Moldova 34, 35 (2000).

In countries where women must show fault to obtain a divorce, details of abuse may become part of the proceedings. In cases where fault is not at issue, judges may nonetheless see signs of abuse during the proceedings but not address it.

Domestic violence advocates have recognized the importance of civil law remedies for battered women and in many places, have accomplished significant reform in the areas of family law and divorce.

Some women also attempt to use tort law (the law that governs non-contractual claims for damages for harm) to obtain restitution for injuries inflicted by their batterers. Like other criminal conduct, domestic violence can give rise to liability for damages under civil law. In addition, some of the tactics used by batterers to establish and maintain control over their partners that may not be criminal in and of themselves may still give rise to a claim for damages. For example, if a batterer sabotages a woman's employment, he may have sufficiently interfered with her economic interests to be liable under civil law.