Dating while waiting for divorce
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.
separately) is sufficient to constitute de facto separation; this is explicitly stated, e.g., in the family laws of Latvia.
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.
This is the case, for example, in many US states (see Grounds for divorce (United States)).