In contrast, in some countries (such as Sweden, divorce is purely no fault.
Countries that have relatively recently legalized divorce are Italy (1970), Portugal (1975), Brazil (1977), Spain (1981), Argentina (1987), Where it is seen as a contract, the refusal or inability of one spouse to perform the obligations stipulated in the contract may constitute a ground for divorce for the other spouse.
This is the case, for example, in many US states (see Grounds for divorce (United States)).
Though divorce laws vary between jurisdictions, there are two basic approaches to divorce: fault based and no-fault based.
Laws vary as to the waiting period before a divorce is effective. However, issues of division of property are typically determined by the law of the jurisdiction in which the property is located.
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 a new husband.
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).