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In most jurisdictions, a divorce must be certified (or ordered by a Judge) by a court of law to come into effect.

The terms of the divorce are usually determined by the courts, though they may take into account prenuptial agreements or post-nuptial agreements, or simply ratify terms that the spouses may have agreed to privately (this is not true in the United States, where agreements related to the marriage typically have to be rendered in writing to be enforceable).

Many jurisdictions offer both the option of a no fault divorce as well as an at fault divorce.

Indeed, in the US, certain conservative and religious organizations are lobbying for laws which restrict divorce.The effect of a divorce is that both parties are free to marry again if a filing in an appellate court does not overturn the decision.Contested divorces mean that one of several issues are required to be heard by a judge at trial level—this is more expensive, and the parties will have to pay for a lawyer's time and preparation.Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash.The Vatican City is an ecclesiastical state, which has no procedure for divorce.

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