No fault divorce

Under a no-fault divorce system a marriage partner does not need to show that the other marriage partner did or was at fault to obtain a divorce. Common reasons for no-fault divorce include: incompatibility, irreconcilable differences, and irremediable breakdown of the marriage. No-fault divorce has been in operation in Australia since 1975 and the only thing the applicant needs to show is separation (or "deemed separation") for 12 months. The divorce application can be made by both parties jointly.

At-fault divorce

Fault divorces used to be the only way to break a marriage, and people who had differences only had the option to separate (and were prevented from legally remarrying).

However there are ways (defenses) to prevent a fault divorce:

* Condonation
* Connivance
* Provocation
* Collusion

A defense is expensive, and not usually practical as eventually most divorces are granted, especially when the public is not interested in forcing people to remain married.

Comparative rectitude is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breaches.

Fault divorce can affect the distribution of property, and will allow an immediate divorce, in states where there is a waiting period required for no-fault divorce.

Residency requirements vary from state to state, and a spouse may separate, move to a state with divorce laws of their choice, establish residency, and file. However, this typically does not change the state in which property and other issues are decided.

Summary divorce

A summary (or simple) divorce is used when spouses meet certain eligibility requirements, or can agree on key issues beforehand.

Key factors:

* Short marriage (under 5 years)
* No children (or, in some states, they have resolved custody and set child support payments)
* Minimal or no real property (no mortgage)
* Marital property is under a threshold (around $35,000 not including vehicles)
* Each spouse's personal property is under a threshold (typically the same as marital property)

It is estimated that upwards of 95% of divorces in the US are uncontested, because the two parties are able to come to an agreement (either with or without lawyers/mediators) about the property, children and support issues. When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed. If the two parties cannot come to an agreement, they may ask the court to decide how to split property, deal with children, etc.