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.Under a no-fault divorce system the dissolution of a marriage does not require an allegation or proof of fault of either party.Only three states (Mississippi, South Dakota and Tennessee) require mutual consent (in Tennessee it is needed only in certain circumstances) for a no-fault divorce to be granted.Fault grounds, when available, are sometimes still sought.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.Without proper jurisdiction a state cannot issue a divorce.States vary in their rules for division of assets in a divorce.
"[T]here were numerous ‘divorce mill’ states or places such as Indiana, Utah, and the Dakotas where you could go and get a divorce. North Carolina (1942), ruled that other states had to recognize these divorces, under the "full faith and credit" clause of the U. However, studies have shown that lower-income couples are currently more likely to get a divorce than higher-income couples. The laws of the state(s) of residence at the time of divorce govern, not those of the location where the couple was married.
Many towns provided accommodation, restaurants, bars and events centered on this trade." By 1909, however, Reno, Nevada was, and was happy to be, "the divorce capital of the world." At that time, only six months in Nevada were sufficient to establish Nevada residency, and the Nevada courts, well aware of the contribution of divorce seekers to Nevada's hospitality industry, accepted the resident's uncorrobated statement that grounds for divorce, usually "extreme cruelty," existed. The divorce rate among highly educated couples is 11%, while the divorce rate for lower income couples is 17%. All states recognize divorces granted by any other state.
In 1927, the Nevada Legislature, "in response to a perceived threat to Reno’s divorce supremacy from France and Mexico and a divorce-trade war that had been going on since the end of World War I between Nevada, Idaho, and Arkansas," changed the residency period to three months, and in 1931, the same Legislature that voted in "wide-open gambling" dropped it to six weeks. In 2015, the Manhattan Supreme Court ruled that Ellanora Baidoo could serve her husband divorce papers through a Facebook message, and she became the first woman to legally serve her husband divorce papers via Facebook. All states impose a minimum time of residence to file for a divorce, All states allow no-fault divorce on grounds such as irreconcilable differences, irremediable breakdown, and loss of affection.
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.
In the absence of agreement, a contested divorce may be stressful to the spouses and lead to expensive litigation.