Divorce laws vary considerably around the world. Divorce is not permitted in some countries, though an annulment is permitted. In some jurisdictions, a divorce must be certified by a court of law, as a legal action is needed to dissolve the prior legal act of marriage. The legal process for divorce may also involve an application and award of spousal support, child custody, child support, distribution of property and division of debt, though these matters are only ancillary to the dissolution of the marriage. The terms of the divorce are also determined by the court, though they may take into account prenuptial agreements or postnuptial agreements.

In litigations involving children, governments have a pressing interest in ensuring that disputes between parents do not spill over into the family courts. One way of doing this is through the encouragement of a parenting plan. In the United States, all states now require parents to file a parenting plan when they legally separate or divorce.