Hi, it’s Andrea Hastings and Mali Shadmehry and welcome back to the Hastings Shadmehry Show…but in blog form this time. If you’ve ever wondered what “no-fault divorce” actually means, why it exists, or how it might affect your case here in Georgia, we’ve got you covered.
And don’t worry, we’ll keep it real, just like we do on the podcast. (Yes, including the time Andrea had to argue through a coughing fit, tears, and a near run-in with a courthouse bathroom. But we’ll get to that.)
What Is a No-Fault Divorce?
Let’s cut through the legalese. A no-fault divorce basically means you don’t have to put your entire marriage on trial just to get divorced. Instead of proving your spouse cheated, drank too much, or treated you cruelly, you can simply say: this marriage is irretrievably broken.
Georgia calls it “irretrievably broken” or “irreconcilable differences.” Same idea.
Before 1973, Georgia couples had to prove one of 13 very specific reasons to end a marriage. And if you didn’t have evidence? Tough luck. People literally used to stage fake affairs with hotel rooms and photographers just to have proof. (Seriously, we couldn’t make this up.)
Why Does No-Fault Divorce Matter?
We’ve seen both sides of this. We’ve lived the stressful, expensive hearings where spouses sling accusations back and forth. We’ve also seen the relief when someone realizes they don’t need to prove fault and they can just move forward.
Here’s why no-fault divorce makes sense for most people:
- It’s faster. You don’t have to waste months proving someone did something terrible.
- It’s cheaper. Trials are expensive and exhausting.
- It’s private. Your business doesn’t end up as searchable court record.
- It’s easier on kids. Less fighting means less fallout.
- You still get to address misconduct. If your spouse’s behavior matters for property division, alimony, or custody, we can bring it up.
Wait, So Are There Rules?
Yes. Even no-fault divorces come with a few ground rules:
- Your marriage has to be truly done.
- After serving papers, you wait at least 30 days before anything can be finalized.
- You can still live under the same roof, but you can’t act like a married couple anymore (that means no marital relations).
- You can’t be secretly trying to reconcile. Judges see through that.
What to Expect in a Georgia No-Fault Divorce
Here’s the step-by-step (minus the drama of courthouse floors and parking-lot outfit changes):
- Filing and Service: We file saying the marriage is irretrievably broken, then serve your spouse. The 30-day clock starts.
- Temporary Orders: If needed, we get temporary arrangements in place for custody, support, or housing.
- Discovery & Negotiation: Both sides exchange financial info and work toward settlement.
- Resolution: Most cases settle. If not, the judge decides at trial.
Timeline ballpark:
- Uncontested: 31–60 days
- Contested but settled: 3–6 months
- Trial: 6 months–1+ year
The Bottom Line
No-fault divorce changed the game in Georgia. It gave people autonomy, reduced unnecessary courtroom battles, and helped families move forward without destroying each other in the process.
At Hastings Shadmehry, we bring both the warrior and the diplomat to the table. We’ll protect your interests, keep the process efficient, and remind you that it’s okay to breathe, even laugh, in the middle of something this hard.
If you’re ready to talk about what no-fault divorce could mean for you, give us a call at 770-738-9514 or contact us online.
And hey, whether you’re reading this as a lawyer, a parent, or just someone curious about family law, thanks for being part of our Wolfpack.
Want more? Check out the full conversation on our YouTube channel here: The Hastings Shadmehry Show
