Why Fault Matters in a Divorce with Joe Maher | Episode 74

Fault in a No-Fault Colorado Divorce (with Joe Maher)In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha talk with family law attorney Joe Maher about “fault” in divorce—and why it still shows up in Colorado even though Colorado is a no-fault state. Joe previously practiced in Maryland, where adultery and other fault grounds can determine how a case gets to court, and he explains how that contrast shapes what clients expect when they divorce in Colorado.Ryan and Joe discuss why courts generally don’t want to hear about cheating unless it connects to parenting issues or money. They break down when an affair becomes relevant (introducing a new partner to kids, impacts on employment, or spending marital funds) and why judges often focus on child-centered facts rather than blame. The episode also covers domestic violence, including how it can affect decision-making, parenting time, and safety concerns, plus the often-overlooked topic of financial control as a form of abuse.Guest InformationJoe Maher is a family law attorney in Colorado and a senior associate at Griffiths Law (Lone Tree). He previously practiced for eight years in Maryland and completed a trial-level judicial clerkship. Joe focuses on domestic relations matters, including parenting, financial issues, and complex conflict dynamics.Episode OutlineFault vs No-Fault Divorce How Maryland’s fault system differs from Colorado’s no-fault approach.Why “Fault” Still Comes Up in Colorado Clients’ need to be heard and how that affects settlement dynamics.Infidelity and the Kids When a new partner, timing, and child exposure can matter legally.What Judges Will Actually Consider Why courts avoid blame-based arguments unless tied to children or finances.Domestic Violence and Parenting Orders How DV impacts decision-making, parenting time, and safety planning.Financial Control as Abuse How money, access, and information can reflect coercive control.Economic Fault and Dissipation Spending on a paramour, gambling, large withdrawals, and “race to the bottom” behavior.Practical Limits and Cost-Benefit Decisions Why some fights aren’t worth the legal spend—and what happens when funds are gone.Support Resources for Clients Therapy, evaluations, and child-focused supports to help families move forward.What is Divorce at Altitude? Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].************************************************************************DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.