However, there are ways (defenses) to prevent a fault divorce: A defense is expensive, and not usually practical as eventually most divorces are granted.
Comparative rectitude is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breaches.
The legal process for divorce may also involve issues of spousal support, child custody, child support, distribution of property and division of debt, though these matters are usually only ancillary or consequential to the dissolution of the marriage.
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.
Without proper jurisdiction a state cannot issue a divorce.
States vary in their rules for division of assets in a divorce.
Even in such cases, a divorce was barred in cases such as the suing spouse's procurement or connivance (contributing to the fault, such as by arranging for adultery), condonation (forgiving the fault either explicitly or by continuing to cohabit after knowing of it), or recrimination (the suing spouse also being guilty). the emergence of second wave feminism, the use of collusive or deceptive practices to bypass the fault system had become a widespread concern, if not actually a widespread practice, and there was widespread agreement that something had to change. Lenore Weitzman's 1985 book, The Divorce Revolution, reported a one-year post-divorce decline in standard of living for women of 73% compared with a 42% one-year post-divorce increase in standard of living for men.