Fault & Damages
The hallmark of most litigation is establishing fault and damages. Without the right combination of the two, you cannot receive relief. In Divorce, the standard is very different. First and foremost, fault and damages have almost no relevance in divorce. Irreconcilable differences are the grounds for every divorce in Colorado. Further, no proof of irreconcilable differences is necessary other than the parties’ statement. Therefore, in Colorado, a spouse’s cheating, lying, or general misbehavior are not determinative in a divorce.
Damages typically are the calculable injury caused by someone’s negligence or intentional acts. In Divorce, despite a party being injured by their spouse’s actions, no money is awarded to cover such damages. Maintenance (also known as Alimony) may be available for the financially disadvantaged spouse. However, the parties’ economic situation and length of marriage determine the amount and duration of maintenance payments, not any wrongdoing.