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Though divorce laws vary between jurisdictions, there are two basic approaches to divorce: fault based and no-fault based.However, even in some jurisdictions that do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, shared care arrangements and support.Divorce laws are not static; they often change reflecting evolving social norms of societies.
In some countries, particularly (but not only) in some former communist countries, divorce can be obtained only on one single general ground of "irretrievable breakdown of the marriage" (or a similar formulation).
In most countries, monogamy is required by law, so divorce allows each former partner to marry another person; where polygyny is legal but polyandry is not, divorce allows the woman to marry another person.
Divorce should not be confused with annulment, which declares the marriage null and void, with legal separation or de jure separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting).
In absence of agreement, a contested divorce may be stressful to the spouses.
In some other countries, when the spouses agree to divorce and to the terms of the divorce, it can be certified by a non-judiciary administrative entity.