In Europe, divorce laws differ from country to country, reflecting differing legal and cultural traditions.
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 such a divorce the spouses are not able to agree on issues for instance child custody and division of marital assets.
In such situations, the litigation process takes longer to conclude.
The effect of a divorce is that both parties are free to marry again.
Grounds for divorce differs from state to state in the U. Some states have no-fault divorce; some states require a declaration of fault on the part of one partner or both; some states allow either method.
Note that "separation" does not necessarily mean separate residences – in some jurisdictions, living in the same household but leading a separate life (e.g., eating, sleeping, socializing, etc.
separately) is sufficient to constitute de facto separation; this is explicitly stated, e.g., in the family laws of Latvia.
In most jurisdictions, a divorce must be certified (or ordered by a Judge) by a court of law to come into effect.
The terms of the divorce are usually determined by the courts, though they may take into account prenuptial agreements or post-nuptial agreements, or simply ratify terms that the spouses may have agreed to privately (this is not true in the United States, where agreements related to the marriage typically have to be rendered in writing to be enforceable).Less adversarial approaches to divorce settlements have recently emerged, such as mediation and collaborative divorce settlement, which negotiate mutually acceptable resolution to conflicts.