No-Fault vs. Amicable vs. Uncontested Divorce: What is the Difference?
If you are approaching a divorce in California, you might suddenly encounter a number of new legal terms. For many spouses, these confusing phrases can be somewhat overwhelming. The highly-specific nature of law requires legal professionals to be very exact with their phrases, and this is why we have so many different terms associated with divorce in California. To add even more confusion to the mix, many of these terms are Latin. Three important terms in a California divorce are “no-fault,” “amicable,” and “uncontested.” But what do these three concepts mean?
Amicable Divorces Explained
The term “amicable divorce” is not a technical legal term. Instead, it is a general phrase used to describe spouses who approach divorce with a sense of mutual understanding and minimal hostility. Various divorces may be amicable in nature, but there is no mention of this concept in California law. Because of this, the phrase is probably the easiest to understand for spouses approaching divorce. It simply refers to the absence of bitterness and resentment.
No-Fault Divorces Explained
When spouses file for a “no-fault divorce,” they are not establishing specific “grounds” for ending their marriage. In other words, they are not providing the court with a reason for pursuing a divorce. Instead, they simply claim that the marriage is irretrievably broken without getting into much detail. Although this might sound slightly complicated, the good news is that California only allows no-fault divorces. This means that every single divorce is a no-fault divorce by default in California, and there is no need to worry about the distinction between “fault-based” and “no-fault” divorces.
Uncontested Divorces Explained
The final concept is an “uncontested divorce.” With a cursory glance at this phrase, you might assume that this is virtually the same thing as a no-fault divorce. But while these two terms might appear to be similar, they are completely different. An uncontested divorce occurs when spouses agree on exactly how they would like to end their marriages. They agree on subjects such as alimony, property division, child support, and child custody.
The key thing to remember is that a no-fault divorce can either be “contested” or “uncontested” in California. Although no grounds for divorce may be established, spouses can still disagree on the specific details of their divorce. Perhaps most crucially, a no-fault divorce can also be litigated, which means that spouses must go to trial in order to resolve their unresolved disagreements.
Where Can I Find a Qualified Divorce Lawyer in California?
If you have been searching for an experienced divorce attorney in California, look no further than the RM Law Group. We have helped numerous divorcing spouses in California, including those who need additional guidance on confusing concepts. During a consultation with us, you can ask numerous questions, gain a complete understanding of the overall legal process, and move forward with your divorce. Book your consultation today to get started with an effective action plan.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
