DIVORCE PROCEDURES
Section III of the Law provides the procedures for divorce, which are as follows:
1. Complaint for divorce is made in writing, citing grounds for divorce, to commune or other local officials or to the court ;
2. If the complaint is filed to local officials, they shall attempt to reconcile the two parties in the marriage. If they cannot, they forward the complaint to the court.
3. The Court invites the complainant to come before the court, where the court “if
appropriate” will convince the complainant not to proceed further with the case”;
4. The husband and wife are invited before the Court for a reconciliation session (lawyers are not allowed);
5. If no agreement is made the husband and wife are invited back to the Court for a second reconciliation session (only after month [sic] and not more than two months);
6. If no agreement is made the husband and wife are summoned to appear in the Court for a trial;
7. If the defendant denies the grounds for divorce an investigation will be ordered and
witnesses can be called to give evidence;
8. A divorce can be granted if both parties agree or the Court finds that the grounds for divorce are valid. (15)
In the Cambodian context, women (especially domestic violence victims) are both more likely to file for divorce and to find the divorce procedures difficult to navigate. It mandates that she must stand her ground in the face of a (most likely male) court official who will try to convince her not to divorce. “Considering the inferior status women have in Cambodia, the pressure on a woman to disagree with a male Court officer would be immense, especially at the initial stages of filing for divorce” (15). Further, she must face her abuser in at least two reconciliation sessions.
“The trauma of having to confront this person would be overwhelming. Anecdotal evidence also suggests that while two reconciliation sessions are required by the LMF, more in fact are ordered by the Courts and that, often, village or commune chiefs arrange for additional informal reconciliation sessions. The pressure to reconcile would be significant, no doubt increasing at each reconciliation session. Cambodian society places great importance on the institution of marriage and divorce traditionally carries shame for women. By making the process of divorce so long and drawn out, Cambodian women are placed at such a disadvantage, effectively making divorce almost impossible” (16).
