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.Many jurisdictions offer both the option of a no fault divorce as well as an at fault divorce.
Less adversarial approaches to divorce settlements have recently emerged, such as mediation and collaborative divorce settlement, which negotiate mutually acceptable resolution to conflicts.
This principle in the United States is called 'Alternative Dispute Resolution' and has gained popularity.
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.
In contrast, in some countries (such as Sweden, divorce is purely no fault.
The liberalization of divorce laws is not without opposition, particularly in the United States.
Indeed, in the US, certain conservative and religious organizations are lobbying for laws which restrict divorce.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.Before the late 1960s, nearly all countries that permitted divorce required proof by one party that the other party had committed an act incompatible to the marriage.This was termed "grounds" for divorce (popularly called "fault") and was the only way to terminate a marriage.In absence of agreement, a contested divorce may be stressful to the spouses.