If you are approaching divorce for the first time in Georgia, you might think that “no-fault” means exactly the same thing as “amicable” in the context of divorce. But this just is not true. Although the two concepts are related, there are some important differences that you need to be aware of. The good news is that if you aae asking yourself about the difference between amicable divorce and no-fault divorce, you are probably going to have an easier experience as you end your marriage.
“No-Fault” is a Legal Term
The first thing you need to know is that “no-fault” is a legal term, whereas “amicable” is really more of an emotional word that does not have any legal meaning. When you pursue a no-fault divorce in Georgia, it means that you file based on the fact that your marriage is “irretrievably broken.” You can provide this vague reason for your divorce without going into further detail, which means neither spouse needs to point the finger and explain what the other did wrong. This is called a “no-fault” divorce because there is zero fault being alleged by either party.
An Amicable Divorce Gives You Plenty of Options
On the other hand, an “amicable divorce” can refer to a range of different situations. This is when both spouses agree that the marriage is no longer working, and they decide to end the relationship without playing the “blame game.” Both parties agree that divorce is in everyone’s best interests. Spouses might even remain friends after the romantic relationship has ended.
Usually, this leads to a no-fault divorce. If both spouses are on the same page, there is no need to hurl accusations at each other. But perhaps most importantly, amicable divorces usually lead to “uncontested divorces.” In an uncontested divorce, both spouses agree on almost every aspect of their separation without any disputes. This means that there’s no need to go to court in order to resolve issues like child custody, child support, property division, and alimony.
Because amicable divorces are so closely linked with uncontested divorces, these spouses usually choose methods like collaborative law or mediation. This involves meeting behind closed doors and negotiating the terms of a divorce agreement with the help of mediators, divorce lawyers, or a combination of both. Crucially, this strategy allows spouses to avoid litigated divorces (a divorce resolved by a trial), which are more expensive and time-consuming compared to collaborative divorces or mediated divorces.
It is also important to note that a no-fault divorce can still go to trial. Many spouses whose divorces are not amicable still choose no-fault divorces, which then result in litigated divorces.
Where Can You Find a Qualified Divorce Attorney in Georgia?
Lankford & Moore Law has been helping spouses divorce in Georgia for years. If you are going through an amicable split, you can probably pursue a no-fault without any issues. But you still need a lawyer to guide you toward the best possible outcome. With our assistance, you can avoid simple mistakes. Book a consultation today to get started with an effective action plan.