The rest of the states permit unilateral no-fault divorce.
Since the mid-1990s, a few states have enacted covenant marriage laws, which allow couples to voluntarily make a divorce more difficult for themselves to obtain than usual.
Like marriage, divorce in the United States is under the jurisdiction of state governments, not the federal government.
Divorce or "dissolution of marriage" is a legal process in which a judge or other authority dissolves the bonds of matrimony existing between two persons, thus restoring them to the status of being single and permitting them to marry other individuals.
Some states mandate a separation period before no-fault divorce.
Mississippi, South Dakota and Tennessee are the only states that require mutual consent for no-fault divorce.
The terms of the divorce are usually determined by the court, though they may take into account prenuptial or postnuptial agreements, or simply ratify terms that the spouses may have agreed to privately.
This may be done where it reduces the waiting period otherwise required, or possibly in hopes of affecting decisions related to a divorce, such as child custody, child support, alimony, and so on.
A court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, and support.
States vary in the admissibility of such evidence for those decisions.
A summary (or simple) divorce, available in some jurisdictions, is used when spouses meet certain eligibility requirements, or can agree on key issues beforehand.
For example, in order to qualify for summary divorce in California, a couple must meet all of the following requirements: there are two basic approaches to divorce: fault-based and no-fault.