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Also in Italy, new laws came into force in 20 with significant changes in Italian law in matter of divorce: apart from shortening of the period of obligatory separation, are allowed other forms of getting a divorce – as an alternative to court proceedings, i.e.
the negotiations with the participation of an advocate or agreement made before the registrar of Public Registry Office.
Though divorce laws vary between jurisdictions, there are two basic approaches to divorce: fault based and no-fault based.
However, even in some jurisdictions that do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, shared care arrangements and support.
Divorce laws are not static; they often change reflecting evolving social norms of societies.
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.
Yet, what constitutes such a "breakdown" of the marriage is interpreted very differently from jurisdiction to jurisdiction, ranging from very liberal interpretations (e.g.
Netherlands) Separation constitutes a ground of divorce in some European countries (in Germany, e.g., a divorce is granted on the basis of a 1-year separation if both spouses consent, or 3-year separation if only one spouse consents).
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 2011, in the US, the Coalition for Divorce Reform was established, describing itself as an organization "dedicated to supporting efforts to reduce unnecessary divorce and promote healthy marriages." In some jurisdictions, the courts will seldom apply principles of fault, but might willingly hold a party liable for a breach of a fiduciary duty to his or her spouse (for example, see Family Code Sections 7 of the California Family Code).