Divorce Laws Across the Globe: A Comprehensive Exploration

: Marriage & Divorce; Posted On Tuesday, 06 October 2020 13:20

Across the world, the concept of divorce—once taboo in many cultures—has become increasingly accepted and codified into legal systems, though not without stark differences from country to country. Every sovereign nation, with only two notable exceptions—the Philippines and Vatican City—permits some form of legal separation or dissolution of marriage. In these two nations, couples may seek annulments, but there is still no formal process for legal divorce. What follows is a detailed exploration of how various countries and cultures interpret and implement divorce law, shaped by religion, history, politics, and social change.

Muslim Societies

Within Muslim-majority countries, divorce laws are shaped not only by local civil law but also by interpretations of Sharia. While each country's system may differ, a few common frameworks stand out.

In general, Muslim societies do permit no-fault divorce, but typically the husband initiates it through a declaration called talaq. For a woman to request a divorce (khul’), she must petition a court, often citing valid grievances like domestic abuse, financial neglect, or the husband's impotence. If her reasoning is accepted, the judge may grant a divorce—often after giving the husband a period to resolve the issues.

In many of these jurisdictions, the law prioritizes a process of reconciliation first, but if the problems persist, the separation becomes legally recognized. Although modern interpretations increasingly support women’s rights within marriage, the balance of power still tends to favor men in several Muslim legal systems.

Argentina

In Argentina, the journey toward legalizing divorce was long and turbulent, closely intertwined with the influence of the Catholic Church.

Initially, the 1888 Law 2,393 gave the state—not the Church—authority over marriage. However, this early version of divorce allowed only for legal separation, not the ability to remarry. Divorcees were forbidden from marrying again, and any separation had to be legally justified by reasons such as adultery, abandonment, or violence.

It wasn’t until 1954 that President Juan Domingo Perón, in the midst of political tension with the Church, introduced Law 14,394, which permitted remarriage after divorce. But this victory was short-lived—his government was ousted in 1955 and the law was repealed soon after.

A significant shift came in 1987 when President Raúl Alfonsín, following a Supreme Court decision, successfully passed Law 23,515, fully legalizing divorce and enshrining gender equality within family law. The modernization continued with the introduction of a Civil and Commercial Code in 2015, which simplified divorce procedures and reaffirmed equal rights for both spouses.

Australia

Australia took a groundbreaking step in 1975 by enacting the Family Law Act, which introduced no-fault divorce on a national scale. Since then, a divorce can be granted solely on the basis that a marriage has irretrievably broken down, demonstrated by a minimum of 12 months' separation.

Interestingly, while fault is not a factor in the granting of a divorce, it can still influence decisions related to property division or child custody in specific cases.

Australia's legal shift emphasized simplicity, fairness, and respect for both parties, reducing the emotional burden historically associated with proving fault.

Brazil

Influenced heavily by the values of the Roman Catholic Church, Brazil was one of the last major countries in the Americas to legalize divorce. That change came in 1977, marking a pivotal moment in the nation’s social and legal evolution.

In more recent years, Brazil has embraced efficiency in its divorce process. As of 2007, couples with no underage or special-needs children and no disputes over property can simply go to a notary office to finalize their divorce in as little as two or three weeks. They only need to bring their IDs, marriage certificate, and pay a fee. Legal help may still be required for paperwork finalization, but the process is much less bureaucratic than in the past.

Perhaps the most significant development came in 2010 with the passage of the 66th Constitutional Amendment, which abolished the prior one-year separation requirement before a divorce could be granted. This reform further streamlined the process and marked a progressive shift in Brazilian family law.

Bulgaria

Bulgaria revamped its family law system with the implementation of a new Family Code in 2009. Under this code, there are two distinct legal pathways to divorce:

Mutual Consent (Article 50) – If both parties agree to end the marriage, the court will grant the divorce without investigating the reasons behind it.
Unilateral Request (Article 49) – If only one spouse seeks a divorce, they must prove that the marriage has been deeply and irretrievably broken. The court will only assess which party is at fault if specifically requested to do so.

The Bulgarian approach prioritizes personal agency, aiming for practical solutions while maintaining legal structure.

Canada

Before 1968, Canada lacked a uniform federal divorce law, and each province had its own process. In places like Newfoundland and Quebec, ending a marriage required nothing less than a private Act of Parliament. Elsewhere, the law—based on the British Matrimonial Causes Act of 1857—offered divorce based on adultery or other specific moral failings, with gendered double standards often embedded in its application.

That changed dramatically with the Divorce Act of 1968, which not only standardized divorce laws across all provinces and territories but also introduced the idea of marital breakdown as valid grounds. Later, the 1985 Divorce Act revision made “living separately for one year” the most common and straightforward basis for divorce.

Canada’s law also accommodates various family configurations. A landmark case in 2004 expanded divorce rights to include same-sex couples, recognizing their legal right to dissolve marriages as well.

The division of property and child custody remain under provincial jurisdiction, meaning the experience of divorce can still vary depending on local laws—particularly in British Columbia and Alberta, which have their own family law statutes.

British Columbia (Canada)

As one of Canada's most progressive provinces in terms of family law, British Columbia (BC) introduced a new Family Law Act in 2011, replacing the older Family Relations Act. The law officially came into effect in 2013 and emphasized a more child-focused, non-adversarial approach to family disputes.

In BC, property acquired during the relationship is generally considered family property—this includes pensions, RRSPs, real estate, and even business assets—unless specifically excluded. The law also encourages out-of-court solutions, such as mediation and collaborative law practices, to reduce hostility and legal costs.

Importantly, the law does not require fault for divorce. Couples need only demonstrate that they’ve lived separately for at least one year. Shared parenting responsibilities and fair distribution of assets are core principles embedded in the BC system.

Alberta (Canada)

Alberta follows Canada's federal Divorce Act, but it also applies its own Matrimonial Property Act, updated as the Family Property Act in 2020. This provincial legislation was revised to apply not only to married couples but also to adult interdependent partners, essentially recognizing long-term common-law relationships.

The Alberta system emphasizes equal division of matrimonial property unless special circumstances justify otherwise. Like BC, Alberta also provides mechanisms for out-of-court settlements, mediation, and parental coordination services, especially where children are involved.

Separation in Canada

Unlike in some jurisdictions where a couple must file for legal separation, Canada treats separation as a simple matter of fact. Once spouses live separately and apart, even within the same household (in special circumstances), they can claim to be separated.

The one-year separation period is a precondition for a no-fault divorce, and does not require any official filing unless the couple decides to legally document their separation for property or custody reasons. This makes the Canadian process relatively informal and flexible for couples who are cooperating.

Chile

Chile was among the last nations in the Western world to legalize divorce. Until 2004, the country only permitted annulments, which required proving that a marriage had never legally existed. This led to widespread abuse of the legal system, with couples fabricating documents to achieve annulments simply to remarry.

The 2004 law finally introduced the possibility of divorce, but under fairly strict conditions. There are two main types:

Mutual Agreement Divorce – If both spouses agree and have been separated for at least one year, they can jointly file for divorce.
Unilateral Divorce – If one spouse does not agree, the other must demonstrate that they have lived apart for at least three years. Grounds such as abuse, abandonment, or substance addiction can also speed up the process.

Despite being relatively recent, Chile’s divorce law has improved family justice by ending the façade of annulments and giving individuals the legal freedom to move on from broken marriages.

China

China's divorce law is enshrined in the fourth chapter of the Marriage Law, first passed in 1950, and later incorporated into the country’s unified Civil Code. This legislation marked a major leap forward for gender rights, as it was the first time women had the legal right to initiate a divorce—previously, they were legally bound to marriages even if abused or abandoned.

Today, there are two legal paths to divorce:

Administrative Divorce (Mutual Consent)
Couples who mutually agree to end their marriage may apply for divorce at the Civil Affairs Bureau. The process is relatively quick and requires both parties to resolve any issues related to property division and child custody before receiving a divorce certificate.
Litigated Divorce (One-Sided Request)
If only one spouse wants a divorce, they must file through the People’s Court. Judges typically require mediation as a first step, but if that fails, the court will assess whether the marriage has truly broken down. The following are accepted reasons:
- Bigamy
- Domestic violence or abuse
- Gambling or drug addiction
- Long-term separation (over two years)
- Other conditions that make cohabitation impossible

China also introduced a 30-day “cooling-off period” in 2021 for mutual divorces, during which either party can change their mind and halt the process. This policy sparked significant public debate, with some arguing that it prioritizes family stability while others criticize it for undermining individual freedom—especially for victims of abuse.

Mediation and Legal Culture

One unique element of the Chinese system is the emphasis on mediation, which blends Western legal practices with Confucian cultural values. Courts are encouraged to restore harmony and avoid direct conflict. Before 1990, mediation resolved around 80% of civil cases.

However, judicial reforms since the 1990s have shifted courts toward formal adjudication in divorce matters. The law has also become more robust, particularly in recognizing domestic violence and the expanded definition of marital property. These updates have helped secure property rights for women and even contributed to correcting skewed child sex ratios in certain regions.

France

France recognizes divorce in several different legal forms, each with its own procedures and implications. The legal system accommodates both consensual and contested divorces, offering flexibility depending on the nature of the relationship's breakdown.

Types of Divorce in France

Divorce by Mutual Consent (divorce par consentement mutuel)
This is the most straightforward method when both parties agree to the divorce and its terms, including property division, child custody, and financial arrangements. Since 2017, this type of divorce no longer requires a judge's approval if there are no underage or protected children involved. Instead, the couple signs an agreement, each with their own lawyer, and files it through a notary.
Accepted Divorce (divorce accepté)
Here, both spouses agree to divorce but not necessarily on the terms. A judge is required to settle any unresolved matters.
Divorce for Fault (divorce pour faute)
One spouse accuses the other of serious misconduct—such as abuse, infidelity, or criminal behavior. The accusing spouse must provide evidence, and the process can be long, contentious, and expensive.
Divorce for Permanent Breakdown (divorce pour altération définitive du lien conjugal)
If the couple has been living apart for at least one year, either party can request a divorce without proving fault.

France’s system aims to combine efficiency with legal fairness, allowing couples a variety of legal avenues suited to their circumstances.

Germany

Germany's divorce laws reflect the country’s broader commitment to structure, legal precision, and family stability.

Required Separation Period

To obtain a divorce, spouses must generally live separately for at least one year. This rule is in place to confirm that the marriage has irretrievably failed. The separation does not require moving into different homes—living under the same roof but leading separate lives can satisfy the requirement.

Divorce Without Consent

If one spouse contests the divorce, the court will still grant it after three years of separation, even without the other spouse’s agreement.

Custody and Maintenance

German courts emphasize shared parental responsibility, even after a divorce. In most cases, children live primarily with one parent while the other maintains extensive visitation rights. Spousal maintenance can be granted, especially if one partner sacrificed career opportunities for the sake of the marriage or children.

Additionally, Germany employs a system called the equalization of accrued gains (Zugewinnausgleich), which ensures that the increase in wealth during the marriage is evenly divided, regardless of who earned it.

Greece

Greece dramatically reformed its family laws in the 1980s, modernizing its approach to marriage and divorce with a focus on individual rights and gender equality.

Mutual Consent Divorce

The easiest and most common method is through mutual consent, where both spouses agree to divorce and submit a written agreement regarding child custody, visitation rights, alimony, and division of property. This form of divorce is typically fast and resolved in court without further hearings.

Contested Divorce

If only one party wants a divorce or the couple cannot agree on the terms, a contested divorce is filed. Grounds may include:

Abandonment or desertion
Adultery
Abuse or cruelty
Irretrievable breakdown of the marriage

Since 2008, Greek law requires only two years of separation to file for divorce without assigning blame.

Civil vs. Religious Marriage

Greece recognizes both civil and religious marriages, and the type of marriage determines the divorce procedure. However, civil procedures are now widely preferred due to their simplicity and legal neutrality.

The shift toward a more balanced legal system has made Greece’s divorce laws among the more modern in southern Europe, ensuring fairness in financial settlements and child-related decisions.

India

India's legal system is one of the most complex in the world when it comes to marriage and divorce because laws vary based on religious affiliation. Hindus, Muslims, Christians, Parsis, and others each have distinct laws governing family matters.

Hindu Marriage Act (1955)

Applies to Hindus, Buddhists, Jains, and Sikhs. Grounds for divorce include:

Cruelty
Desertion (2+ years)
Conversion to another religion
Mental disorder
Communicable disease
Renunciation of the world
Presumed death

There is also a mutual consent divorce provision, requiring six months of separation, though courts may waive this under exceptional circumstances.

Muslim Personal Law

Muslims follow Sharia-based personal law, under which a man can unilaterally divorce his wife through talaq (oral or written). A woman may initiate divorce through khula, which typically requires court approval.

India banned instant triple talaq in 2019, recognizing it as unconstitutional and a violation of women's rights.

Christian and Parsi Divorce Laws

Christians file under the Indian Divorce Act of 1869, and Parsis use the Parsi Marriage and Divorce Act of 1936. Both systems offer divorce through mutual consent or fault-based procedures.

In all cases, family courts are responsible for adjudicating custody, alimony, and asset distribution.

Indonesia

In Indonesia, marriage and divorce are regulated under the 1974 Marriage Law, influenced heavily by Islamic principles, which guide many of the country’s personal laws.

Muslim Couples

For Muslim Indonesians, divorce is permitted through both court and religious channels. A man may initiate talaq, but he must register the divorce through the Religious Court for it to be legally binding. A woman can seek divorce for valid reasons such as:

Abuse
Neglect
Infidelity
Inability of the husband to provide financial support

Non-Muslim Couples

Non-Muslim citizens follow civil procedures and must file for divorce through the District Court. Grounds include adultery, alcoholism, abuse, or abandonment.

Child custody typically goes to the mother for children under seven, unless there are compelling reasons otherwise. Property is divided either by agreement or court ruling.

Indonesia’s system combines religious authority with state legal oversight, ensuring marriages and divorces align with both faith and formal law.

Iran

Iran’s divorce law is derived from Islamic Sharia and incorporated into its national legal code. Although the law allows both men and women to seek divorce, the process and ease differ dramatically depending on gender.

Men’s Right to Divorce

Under Iranian law, a man may initiate a divorce unilaterally without needing to prove any fault. He must file a request with the family court and pay the wife’s mahr (a dowry promised at the time of marriage). Once this is done, the court issues a certificate of non-reconciliation, and the marriage is officially dissolved.

Women’s Path to Divorce

For women, divorce is legally more complex. A wife may only file for divorce under specific conditions, such as:

Abuse or domestic violence
Failure of the husband to provide financial support
Addiction
Infertility
Abandonment or long-term absence
Second marriage without consent

In most cases, she must prove her claim in court, which can be a difficult and prolonged process. In some marriages, the woman may have negotiated delegated divorce rights (known as Talaq-e-Tafweed) into the marriage contract, allowing her more agency in initiating a divorce.

Mediation and Waiting Period

The court often attempts mediation before granting a divorce, especially when children are involved. Once a divorce is finalized, there's typically a waiting period (iddah) during which the woman cannot remarry—meant to ensure she’s not pregnant from the previous marriage.

Ireland

Ireland’s divorce laws have undergone significant transformation in recent decades, reflecting changing social attitudes in a historically Catholic country.

Constitutional Ban and Reform

Divorce was constitutionally banned in Ireland until a 1995 referendum narrowly passed to lift the prohibition. The Family Law (Divorce) Act 1996 introduced legal divorce under specific conditions:

The couple must be living apart for four out of the last five years
There must be no reasonable prospect of reconciliation
Adequate arrangements for spousal support, children, and property must be in place

Modern Updates

In 2019, a constitutional amendment passed with wide public support reduced the separation requirement from four years to two, streamlining the process and making it less punitive.

Irish courts still place strong emphasis on fairness and the welfare of children, with judges carefully reviewing custody and financial arrangements before granting a divorce.

Italy

Italy, a country where Catholic tradition has had enormous legal and cultural influence, legalized divorce relatively late—in 1970, after a long and bitter political struggle.

Separation First, Then Divorce

Italian law requires couples to go through a period of legal separation before they can apply for divorce. Until 2015, this period lasted three years; a reform law passed that year reduced it to:

Six months for consensual separations
One year for contested separations

After this period, either party may request divorce, citing irreconcilable differences or fault-based reasons like infidelity, abuse, or abandonment.

Modern Reforms

Italy has also introduced quick divorce options, especially for childless couples or those without complex financial ties. This approach, while not fully no-fault, reflects a growing awareness of the need for personal freedom and simplified legal pathways.

Japan

Japan allows divorce through multiple legal routes, with a preference for informal and amicable resolution.

Four Types of Divorce

Divorce by Mutual Consent (Kyogi Rikon)
By far the most common method, couples agree on all terms—custody, assets, etc.—and submit a form to the local municipal office. No court hearing is needed.
Divorce by Mediation (Chotei Rikon)
If agreement can’t be reached, a family court mediator helps the couple negotiate terms.
Divorce by Judgment (Saiban Rikon)
When mediation fails, a judge decides the outcome. Fault must be proven in these cases.
Divorce by Arbitration (Shinpan Rikon)
Rarely used, this is a court-ordered solution binding on both parties.

Legal Grounds and Child Custody

Japan recognizes grounds such as adultery, abandonment, abuse, or long-term absence for contested divorces. Custody is typically awarded to one parent—joint custody after divorce is not permitted under Japanese law, a policy often criticized for cutting off access for the non-custodial parent.

Malaysia

Malaysia practices a dual legal system, with separate laws for Muslims and non-Muslims.

Muslim Divorce

For Muslims, divorce is governed by Syariah Law, and men may pronounce talaq (divorce) under specific guidelines. The divorce must then be registered and validated by a Syariah Court.

Women can initiate fasakh (judicial divorce) if they can prove:

Abuse
Non-support
Desertion
Impotence
Addiction

The courts prioritize reconciliation first, but if attempts fail, a divorce may be granted.

Non-Muslim Divorce

Non-Muslims follow the Law Reform (Marriage and Divorce) Act 1976, which allows divorce if:

Both parties consent after two years of marriage, or
One party proves adultery, abuse, desertion, or irretrievable breakdown

Malaysia’s dual systems operate with some overlap but are managed by separate courts to respect religious diversity.

Malta

Malta was the last country in the European Union to legalize divorce, doing so only in 2011, after a highly contested referendum.

Before that, only legal separation and annulments were available. Once the law passed, Maltese couples could file for divorce under the following conditions:

They had been separated for at least four out of the last five years
There was no chance of reconciliation
Adequate care for children and financial obligations was arranged

The new law was a watershed moment in Maltese history, reflecting a gradual secularization of law and society in a country with deep Catholic roots.

Netherlands

The Netherlands maintains a highly progressive, secular legal system when it comes to marriage and divorce.

Divorce by Irretrievable Breakdown

Since the 1970s, the only requirement for divorce is the irretrievable breakdown of marriage. There is no need to assign blame or prove fault. Either spouse may file the petition, and if both agree, the process is often quick and administrative.

Parenting Plans

Since 2009, couples with children must submit a parenting plan outlining custody, visitation, and financial support before the court approves the divorce.

The Dutch legal culture emphasizes equality, shared parenting, and conflict resolution. Courts actively encourage mediation over litigation, making divorce less combative and more focused on long-term cooperation.

New Zealand

New Zealand has a straightforward and humane approach to divorce, governed by the Family Proceedings Act 1980.

No-Fault Divorce

The law allows for no-fault divorce if the couple has been living apart for at least two years. Either spouse can apply, and no specific reason for the separation is required.

Simple and Accessible

Divorce in New Zealand is handled by the Family Court and does not require legal representation unless disputes arise. Property division follows the Property (Relationships) Act 1976, which assumes equal sharing of assets acquired during the marriage.

Couples are encouraged to use mediation services, especially when children are involved. The system aims for clarity, compassion, and fairness.

Norway

Norway's divorce laws are emblematic of its broader social policies—clear, egalitarian, and rooted in personal freedom. The country allows both no-fault divorce and separation-based divorce with minimal bureaucracy.

Legal Separation First

Norwegian couples must first undergo a mandatory separation period of one year before a divorce is granted. If the spouses have already been living apart for two years without formal separation papers, that also qualifies them for a divorce.

The process is largely administrative. Most couples apply through the County Governor’s office, though contested cases involving disputes over property or children may require judicial intervention.

Parental Responsibility

Shared parental custody is encouraged. Unless a court rules otherwise, both parents retain joint legal custody, and the court ensures that children’s welfare remains a central focus of all post-divorce arrangements.

Philippines

The Philippines is one of only two countries in the world—alongside Vatican City—where divorce is still not legally recognized for the general population. For couples bound by civil or church marriages, only legal separation or annulment is possible.

Annulment vs. Legal Separation

Legal separation does not end the marriage. It simply allows the couple to live apart and deals with custody and property.
Annulment voids the marriage as if it never legally existed, but is only granted under strict grounds like:
- Lack of parental consent
- Psychological incapacity
- Fraud or coercion
- Bigamy
- Impotence

This rigid framework leaves many trapped in unhealthy or abusive marriages, and calls for reform have intensified in recent years.

Muslim Exception

Notably, under Presidential Decree No. 1083, Filipino Muslims may obtain a divorce according to Sharia Law. This exception applies only in the Autonomous Region in Muslim Mindanao (ARMM) and only to Muslim citizens.

Russia

Divorce in Russia is straightforward if both parties consent and no children are involved. The process is handled through the civil registry office (ZAGS) and typically finalized within one month.

Court Divorce

If:

The couple has minor children, or
One party does not consent, or
There are disputes over property

Then, the case is forwarded to a district court. In most situations, Russian law grants the divorce regardless of consent, as long as one party insists that the marriage is irreparably broken.

Division of Assets

Russian law assumes equal division of property acquired during the marriage, but courts may adjust based on financial contribution, child custody, or fault. Alimony and child support are also calculated according to standardized percentages of income.

Saudi Arabia

Saudi Arabia's divorce laws are deeply intertwined with Islamic law and influenced by centuries of patriarchal tradition, though recent reforms have made certain elements more transparent.

Male-Initiated Divorce

A man may divorce his wife unilaterally through talaq, requiring a simple verbal or written declaration. However, as of 2019, new regulations now mandate court notification via SMS to the wife to protect her legal rights.

Female-Initiated Divorce

A woman may seek divorce through:

Khul’ (returning her dowry in exchange for divorce)
Court petitions based on abuse, abandonment, or other justifiable claims

Reforms in recent years have increased women’s access to legal documentation, guardianship rights, and court representation.

Custody and Support

Mothers generally receive custody of young children, especially boys under 7 and girls under 9, though custody returns to the father afterward unless otherwise decided. Courts oversee financial support, ensuring the father fulfills obligations for housing, food, and clothing.

South Africa

South Africa’s divorce system is governed by the Divorce Act of 1979 and embraces no-fault divorce, emphasizing equality and dignity for both spouses.

Grounds for Divorce

Only one ground is required: irretrievable breakdown of the marriage. This can be demonstrated by:

A long period of separation
Adultery
Abuse or neglect
Mental illness

Either spouse may file, and there’s no mandatory waiting period.

Property and Custody

South Africa follows a community of property system by default, unless the couple signed an antenuptial contract. Custody and visitation are governed by the Children’s Act, focusing on the best interests of the child, with both parents maintaining rights and responsibilities.

South Korea

In South Korea, divorce can be achieved by mutual agreement or through court petition if one spouse does not consent.

Mutual Consent

The couple must appear in person at the court, agree on all major issues—child custody, visitation, and asset division—and wait a cooling-off period:

3 months if they have children
1 month if they do not

After that, the divorce becomes official.

Contested Divorce

If one spouse refuses, the other must file a court action and prove fault, such as:

Adultery
Abuse
Desertion
Mental illness

Courts generally grant the divorce if cohabitation is deemed impossible.

Spain

Spain legalized divorce in 1981, following the end of the Franco dictatorship, which had prohibited it under strict Catholic rule.

No-Fault Divorce

As of 2005, no grounds are needed for divorce. The couple only needs to show a willingness to dissolve the marriage. If both agree, they can divorce after three months of marriage.

Judicial Oversight

Courts still oversee the terms, especially when:

Children are involved
Property must be divided
Support obligations exist

Child custody is usually joint, and alimony is only granted if one spouse is financially dependent on the other.

Sweden

Sweden, known for its progressive family policies, allows divorce without any need to cite fault or wrongdoing.

Simple Process

If both spouses agree, divorce can be filed with the district court and is generally granted after a 6-month consideration period, especially if the couple has minor children.

If both agree and there are no children under 16, the waiting period may be waived.

Gender-Neutral Law

Sweden's laws are strictly gender-neutral and focus heavily on children’s well-being. Joint custody is common, and courts prioritize shared parenting and mediation.

Switzerland

Switzerland recognizes both mutual consent and contested divorce procedures.

Divorce by Mutual Agreement

This is the preferred method. Couples file a joint petition, submit agreements on property and custody, and the court usually grants it quickly.

Divorce After Separation

If one spouse refuses, the other can still divorce after living apart for two years.

Switzerland’s family law emphasizes collaboration, offering mediation services and favoring joint custody unless one parent is unfit.

Taiwan

In Taiwan, divorce may occur by mutual agreement or through judicial process.

Mutual Divorce

Requires the couple to sign a written agreement with two adult witnesses. It must be registered at the household registration office.

Contested Divorce Grounds

Accepted legal grounds include:

Adultery
Abuse
Incurable disease
Desertion
Mental illness

Courts prioritize mediation and protect the rights of mothers and children, especially in custody disputes.

Turkey

Turkey permits divorce either by mutual consent or by court ruling based on specific grounds.

Common Grounds

Adultery
Maltreatment
Abandonment
Dishonor
Mental illness

Under Turkish civil code, women and men have equal rights in family matters. The courts actively consider child custody, financial support, and asset division, often encouraging mediation.

In recent years, Turkey has introduced reforms to combat domestic violence and improve women’s access to justice.

United Kingdom

The UK’s divorce laws have gone through significant modernization. As of April 2022, a new no-fault divorce system applies in England and Wales, eliminating the need to cite blame.

Key Features

Either or both spouses can file
A 20-week reflection period is required before the final order
No need to prove fault (e.g., adultery, abuse)

Scotland and Northern Ireland have slightly different rules, but also allow for no-fault options after separation periods of one or two years.

United States

In the United States, divorce is not governed by a single, nationwide legal code. Rather, it is primarily a matter of state law, meaning that each of the fifty states maintains its own specific statutes and procedures governing how marriages may be dissolved. That said, there are a number of federal laws that can indirectly impact divorce—particularly in areas like taxes, pensions, immigration status, and interstate custody issues.

All states are bound by the Full Faith and Credit Clause in Article IV of the U.S. Constitution, which means they must generally recognize divorce decrees granted by other states, even if the laws differ. However, each state imposes its own minimum residency requirements that must be met before a court will even accept a divorce petition. These vary from 6 weeks to 12 months, depending on the jurisdiction.

Historical Background and No-Fault Revolution

For much of American history, divorce was a complicated and often shame-filled process. Traditionally, a spouse had to provide legal grounds—such as adultery, cruelty, or abandonment—to be granted a divorce, and courts often required strong evidence. In some cases, even if misconduct was proven, a judge could still refuse the request.

This changed dramatically in 1969, when California, under then-Governor Ronald Reagan, became the first state to implement no-fault divorce, allowing couples to dissolve their marriage without assigning blame. Over the next four decades, the rest of the states followed, culminating with New York becoming the last to adopt no-fault laws in 2010. Today, no-fault divorce—typically citing “irreconcilable differences” or “irretrievable breakdown of the marriage”—is available in all 50 states.

Despite this shift, some states still retain fault-based grounds as an option. In those cases, fault may be cited to:

Expedite the divorce process by bypassing waiting periods
Influence court decisions related to child custody, alimony, or asset division

A few states also allow covenant marriages, a special form of union that makes it more difficult to obtain a divorce. Couples entering covenant marriages voluntarily agree to stricter conditions and longer separation periods before the court can dissolve the marriage.

Mediation and Collaborative Divorce

In recent decades, mediation has become a popular method for resolving divorce disputes. Rather than fighting in open court, spouses meet with a neutral mediator to reach agreements on property division, child custody, and financial support. Mediation is often:

Less adversarial
More private
Quicker and less expensive
Emotionally easier for children involved

For couples who still prefer legal representation, but wish to avoid litigation, collaborative divorce offers a structured negotiation process where both parties, with their respective attorneys, commit to working out a settlement without resorting to court. If negotiations fail, however, the attorneys involved must withdraw, and new counsel must be appointed.

Still, mediation and collaboration may not be suitable in situations involving domestic abuse, power imbalances, or complex financial concealment.

Division of Property and Alimony

One of the most complicated parts of any U.S. divorce case is the division of assets. States fall into one of two broad categories:

Community Property States: These include California, Texas, Arizona, Nevada, and a few others. Here, most property and earnings acquired during the marriage are considered joint marital property and are typically divided 50/50.
Equitable Distribution States: The majority of states follow this model, where the division of assets is based on what the court deems fair, not necessarily equal. Factors include:
- Duration of the marriage
- Each spouse’s income and contributions (including homemaking)
- Age and health of the spouses
- Custodial responsibilities for children

Typically, assets owned before marriage, inheritances, and personal gifts remain separate property, unless they were commingled or used for joint benefit.

Alimony—also called spousal support or maintenance—may still be awarded in many cases, particularly for long-term marriages or where one partner sacrificed career advancement to support the family. Alimony may be:

Temporary (rehabilitative)
Permanent (rare)
Lump sum or monthly

Child Custody and Support

Divorces involving children require a thorough examination of what arrangement best serves the child’s welfare. Courts generally favor joint custody, which can be:

Legal custody (decision-making power)
Physical custody (where the child lives)

Even in joint custody arrangements, one parent may become the primary residential parent, while the other receives visitation rights.

Child support is typically calculated using state-mandated formulas, which factor in:

Each parent’s income
Number of children
Custody arrangements
Cost of childcare, healthcare, and schooling

Failure to pay child support can result in wage garnishment, license suspension, and even jail time.

A divorce cannot be finalized until all child-related issues, along with property and support matters, have been resolved either by agreement or by court order.

International Complications and “Divorce Mills”

Because U.S. law varies by state, some individuals seek out jurisdictions known for quick and easy divorces, such as Nevada, with its famously lenient residency requirements (just six weeks). These locations are sometimes referred to as “divorce mills,” a term often used pejoratively, but they remain popular for individuals seeking rapid resolution.

When marriages cross international lines—where one or both spouses are foreign nationals, or the marriage took place abroad—the legal complexity increases. Residency requirements, different cultural norms, and jurisdictional issues around child custody and property settlement can create intense legal battles. For example, a parent seeking to relocate internationally with a child may face restrictions under international treaties like the Hague Convention on Child Abduction.

Courts generally advise divorcing parties to file in the jurisdiction where they reside and to resolve custody matters locally, since rulings made in one country may be hard or impossible to enforce elsewhere.

Absolute and Limited Divorce

Legally, U.S. courts may issue two types of divorce:

Absolute Divorce (divorce a vinculo matrimonii): This is the final and total dissolution of the marriage, permitting both parties to remarry.
Limited Divorce (divorce a mensa et thoro): Less common and usually equivalent to legal separation. The couple remains legally married but lives apart under court-supervised arrangements.

While most modern couples opt for absolute divorce, limited divorce remains on the books in some jurisdictions for those who need legal clarity while delaying final separation.