A Final Obstacle: Barriers to Divorce for Immigrant Victims of Domestic Violence in the United States

Mariela Olivares, The Catholic University of America Columbus School of Law

Abstract

Low-income immigrant victims of domestic violence face significant—and understudied—social, legal and political obstacles in obtaining divorces from their abusive spouses. Moreover, funding restrictions on legal service providers often prohibit their representation of victims in divorce proceedings, which further reduces immigrant victims’ ability to obtain meaningful divorce relief. These issues are virtually unexamined in the scholarly literature; the problem of the abused, immigrant wife seeking a divorce has been given short shrift.

This Article examines the problems confronting this community then proposes reforms to address its particular needs. Part I explores the unique condition of the immigrant living in the United States and how cultural, social and political constructs often shape an immigrant’s ability to pursue and obtain a divorce. Part II examines the barriers faced by low-income immigrants, whether they are lawfully present in the United States or not. Existing federal laws explicitly designed to protect immigrant victims of domestic violence in abusive marriages can place victims in difficult positions where they must choose between their physical safety (i.e., leaving their abusive spouses) or their immigration status stability (i.e., staying married to their spouses so they can secure their immigration benefit through a spouse). Part III discusses an additional barrier that makes it more difficult for low-income immigrant victims to obtain the legal services they need to escape abusive marriages: funding streams that de-emphasize the importance of divorce in the lives of battered women generally and immigrants in particular. The funding constraints limit what legal service organizations can do for domestic violence victims who need representation in divorce proceedings. Finally, Part IV explores the challenges in reforming the laws and policies that impose barriers for battered immigrants who seek to divorce their abusive spouses. In particular, legislative and political decisions are driven by traditional attitudes towards upholding marriage and disfavoring divorce. These deeply-entrenched attitudes erect obstacles that make it difficult for low-income people to obtain meaningful divorce relief. With these challenges in mind, this Part concludes by proposing legislative, funding source policy and advocacy reforms that address the unique obstacles facing immigrant victims of violence and that would work towards opening the doors to the long-term freedom from abuse and the independence that divorce relief provides.