Divorce at Altitude: A Podcast on Colorado Family Law

Divorce at Altitude: A Podcast on Colorado Family Law

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Divorce at Altitude: A Podcast on Colorado Family Law episodes

  • Civil Protection Orders in a Divorce | Episode 49

    Civil Protection Orders in Colorado Divorce Cases

    In this episode of Divorce at Altitude, Ryan Kalamaya breaks down one of the most serious and frequently misunderstood issues in family law: civil protection orders involving allegations of domestic violence. Rather than covering every form of domestic violence or its full impact on divorce, this episode focuses specifically on how civil protection orders (CPOs) work in Colorado and what parties should expect when one is requested during or alongside a divorce case.

    Ryan explains the two-step process for obtaining a civil protection order, starting with a verified motion signed under penalty of perjury and reviewed by a judge—often the same day—on an ex parte basis. He walks through how courts balance urgency and safety against due process, why temporary protection orders are issued first, and how violations can lead to criminal charges or contempt in a divorce case.

    The discussion then turns to permanent protection order hearings, where judges must decide both whether the alleged acts occurred and whether they are likely to continue. Ryan explains why these hearings often feel like the “wild west,” with limited disclosure rules, flexible evidentiary standards, and tight time constraints. He also outlines the long-term consequences of permanent protection orders—such as firearm restrictions, travel issues, and criminal exposure—along with options for appeal or later modification.

    Episode Outline

    Domestic Violence and Divorce
    Why civil protection orders frequently arise in Colorado family law cases.

    Temporary Civil Protection Orders
    The verified motion, ex parte review, and the court’s focus on imminent danger.

    Service, Enforcement, and Violations
    Why violations are criminal offenses and how civil standbys work.

    Grounds for a Protection Order
    Common bases including domestic abuse, threats, stalking, and sexual assault.

    Permanent Protection Order Hearings
    How courts evaluate credibility, future risk, and due process concerns.

    Long-Term Consequences
    Firearm rights, travel issues, criminal exposure, and lasting legal effects.

    Children and Parenting Implications
    How protection orders affect parenting time and communication in divorce cases.

    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.

    9 min
  • Contempt of Court in a Divorce with Georgina Melbye | Episode 48

    Contempt in Colorado Divorce and Family Law Cases

    In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha are joined by law partner Georgina Melbye for a clear, practical breakdown of contempt in Colorado family law cases. Georgina—widely regarded in the firm as the “contempt guru”—explains what contempt really is, how it’s used to enforce court orders, and why it’s one of the most powerful (and most misunderstood) tools in post-decree divorce disputes.

    The conversation walks through the two main types of contempt—remedial and punitive—and why most family law cases deal with indirect contempt for violations that occur outside the courtroom. Amy and Georgina discuss when contempt is effective (especially for enforcing financial obligations in separation agreements), when it’s less helpful (like parenting plan violations that already occurred), and what judges actually want to see before imposing sanctions. They also cover procedural realities—contempt advisements, service requirements, bifurcated hearings, attorney’s fees, and why contempt should usually be a strategic last resort, not a first reaction.

    Guest Information

    Georgina Melbye is a Colorado attorney focusing on family law and criminal defense. She regularly handles complex enforcement and contempt issues in divorce and post-decree cases and advises clients on strategic compliance, enforcement options, and high-risk litigation scenarios.

    Episode Outline

    What Contempt Really Means
    A violation of a court order—and why most family law cases involve indirect contempt.

    Remedial vs. Punitive Contempt
    The key differences between enforcing compliance and punishing misconduct.

    When Contempt Works Best
    Why separation agreement obligations are often better suited for contempt than parenting disputes.

    Parenting Plan Violations
    Why courts can’t “undo” missed parenting time and what alternatives may be more effective.

    The Contempt Process
    Filing ex parte, advisement hearings, service rules, and what happens next.

    Bifurcated Hearings Explained
    Why punitive and remedial contempt may be split—and how strategy matters.

    Attorney’s Fees and Judicial Discretion
    When fees may be awarded, and why outcomes are never guaranteed.

    Strategic Warnings for Clients
    Why contempt is serious, when warrants can issue, and why ignoring it is a major mistake.

    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.

    40 min
  • The Downside of Med-Arb, Tips on Mediation & When Divorce Arbitration Works with Mike DiManna | Episode 47

    Mediation, Arbitration, and Med-Arb in Colorado Divorce Cases

    In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha are joined by Mike DiManna, a longtime Colorado family law attorney and Denver-based mediator/arbitrator, for a practical discussion on resolving divorce cases outside the courtroom. Mike shares his path into law—starting from an Italian-Catholic family expectation of the priesthood, a life-changing semester at CU Boulder, and ultimately a career shaped by decades of courtroom litigation.

    The conversation breaks down mediation, arbitration, and med-arb, including why an experienced litigator can function as a “settlement master” who offers candid feedback on strengths and weaknesses—not just shuttle offers between rooms. They cover what makes mediation effective (preparation, realistic expectations, and clear communication), when arbitration can quickly solve time-sensitive disputes (like real estate and settlement-document terms), why parenting issues are more complicated, and how arbitration decisions are hard to overturn—making careful drafting and process choices critical in Colorado divorce cases.

    Guest Information

    Mike DiManna is a Denver-based family law attorney, mediator, and arbitrator with decades of experience in Colorado divorce litigation and alternative dispute resolution. He is known for a practical, evaluative mediation style and for helping parties resolve complex disputes efficiently through mediation and arbitration.

    Episode Outline

    How Mike Got Into Law
    From an expected path toward the priesthood to CU Boulder, debate, and eventually law school.

    Mediator vs. “Settlement Master”
    The value of neutral feedback on strengths, weaknesses, and likely court outcomes.

    What Works in Mediation
    Preparation, prior settlement offers, and setting realistic expectations before the session.

    Common Mediation Mistakes
    Showing up unprepared, last-minute submissions, and treating mediation like a checkbox.

    Arbitration in Divorce Cases
    Why it’s favored, when it’s efficient, and what issues are best suited for arbitration.

    Why Parenting Issues Are Different
    Mike’s view that parents—not third parties—usually make the best decisions for kids.

    Med-Arb Explained
    How it works, why confidentiality and caucus dynamics create ethical challenges, and why the record matters.

    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.

    36 min
  • Experts Involved in a Custody Battle | Episode 46

    High-Conflict Custody Battles in Colorado (CFI, PRE, PC/DM, and More)

    In this short Divorce at Altitude lesson, Ryan Kalamaya breaks down the main professionals and legal options available when parents can’t agree on parenting time or decision-making—what many people call a “custody battle” in Colorado. Ryan explains that these tools generally fall into two categories: forensic/evaluation professionals who investigate and make recommendations, and dispute-resolution professionals who help resolve ongoing conflict and, in some cases, make binding decisions.

    On the evaluation side, Ryan explains the role of a Child and Family Investigator (CFI)—a common, court-involved option that interviews parents, may speak with children, observes interactions, and issues a report with recommendations. He then discusses the more intensive Parental Responsibilities Evaluator (PRE), typically a licensed mental health professional who may conduct psychological testing and provide deeper analysis. Ryan also covers related evaluations like psychological assessments (when mental health is a concern) and substance use assessments through a Certified Addiction Counselor (CAC)—noting that not every evaluator can make parenting-time recommendations.

    Episode Outline

    Two Categories of Custody Professionals
    Forensic/evaluation vs. dispute-resolution options in high-conflict parenting cases.

    Child and Family Investigator (CFI)
    What CFIs do, what they evaluate, and how their reports influence parenting outcomes.

    Parental Responsibilities Evaluator (PRE)
    Why PREs are a “step up,” including mental health testing and deeper evaluation tools.

    Psychological & Substance Evaluations
    When to request psychological assessments or CAC substance use evaluations—and limits on recommendations.

    Child Legal Representative (CLR)
    What a CLR does as an attorney for the children, and why it can become expensive.

    Parenting Coordinator / Decision Maker (PC/DM)
    How PC/DMs work, when decision-making is binding, and why scope matters.

    Other Fast-Track Options
    Special masters, arbitration, and private judges for quicker decisions in urgent disputes.

    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.

    9 min
  • Current Real Estate Market Trends and Divorce with Tina Parks | Episode 45

    Real Estate and Divorce in Colorado (Denver Market Update with Tina Parks)

    In this episode of Divorce at Altitude, Amy Goscha sits down with Tina Parks, a Colorado real estate professional and investor, to talk about how today’s housing market impacts people going through divorce—especially when the marital home is the biggest asset on the table.

    Tina breaks down what makes the market feel “bananas”: record-low inventory, intense competition, and homes selling fast—often 10–20% over asking. She explains why pricing strategy matters, why buyers are using creative tools to compete (including cash-style offers), and what sellers can do to attract stronger offers.

    Amy and Tina also connect the dots between Colorado divorce and real estate realities: whether someone can afford to keep the home, why fair market value is tricky in a rapidly changing market, what happens when parties can’t agree to sell, and how common contract tools like post-occupancy agreements, inspections, and appraisal gaps can affect timing and negotiations.

    Guest Information

    Tina Parks is a Colorado-based real estate professional in the Denver metro area with a background in title work, residential real estate, and long-term real estate investing. She brings both market insight and personal experience, having gone through divorce and later remarriage, which helps her understand what clients need during major life transitions.

    Episode Outline

    Colorado Real Estate Market Snapshot
    Why inventory is so low, why homes sell in days, and why bidding wars are common.

    Buying in a Competitive Market
    What buyers are doing to compete (cash-style offers, adjusted expectations, tighter offers).

    Selling During Divorce
    Why timing, cooperation, and pricing strategy matter when a marital home must be listed.

    Post-Occupancy Agreements
    How rent-back arrangements can help sellers bridge the gap while finding their next home.

    Inspections, Appraisal Gaps, and Deal Risk
    Why inspections still matter, how appraisal shortfalls happen, and what negotiations look like.

    Fair Market Value vs. “Real” Market Value
    Why appraisals, CMAs, and online estimates can differ—especially in a rapidly shifting market.

    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.

    49 min
  • How Substance Abuse Affects Child Custody Decisions | Episode 44

    Substance Abuse and Parenting Time in Colorado Divorce Cases

    In this episode of Divorce at Altitude, Ryan Kalamaya breaks down one of the most emotionally charged and misunderstood issues in Colorado family law: how alcohol or drug abuse affects custody and parenting time. Many parents assume that if the other parent has a substance abuse problem, they will automatically lose custody. In reality, Colorado courts take a far more nuanced, child-focused approach.

    Ryan explains how courts balance a parent’s right to maintain a relationship with their child against the best interests and safety of the child under Colorado law. Substance abuse alone is not enough there must be a clear impact on parenting or a risk of harm to the child. The episode walks through how substance abuse issues are evaluated, what evidence matters, and what legal tools are available when a child’s safety is at stake.

    Listeners will learn about court-ordered evaluations, including Certified Addiction Counselors (CACs), Child and Family Investigators (CFIs), and Parental Responsibilities Evaluators (PREs), as well as the role these professionals play in custody disputes. Ryan also explains common alcohol and drug testing options, such as ETG urine tests, hair follicle testing, portable breath tests, and monitoring tools like Soberlink—along with their strengths, limitations, and costs.

    Episode Outline

    How Substance Abuse Affects Custody Decisions
    Why alcohol or drug use does not automatically eliminate parenting time in Colorado.

    Best Interests of the Child Standard
    How courts evaluate whether substance use actually impacts a child’s safety or well-being.

    Court-Ordered Evaluations
    The role of CACs, CFIs, and PREs in identifying and assessing substance abuse concerns.

    Alcohol and Drug Testing Options
    ETG tests, hair follicle testing, breath tests, and real-time monitoring tools like Soberlink.

    Parenting Time Restrictions and Enforcement
    What happens if a parent tests positive or appears impaired during parenting time.

    Steps Courts Expect from Parents with Substance Issues
    Treatment, testing, support programs, and demonstrating accountability.

    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.

    9 min
  • Using Shadow and Rebuttal Experts for Business Valuations in a Divorce | Episode 43

    Shadow and Rebuttal Experts in Colorado Divorce Cases 

    In this rebroadcast from the Colorado Family Law Institute, Ryan Kalamaya is joined by Erik Six, CPA/ABV, a respected business valuation and financial expert who regularly consults on complex divorce matters. 

    Ryan shares why this episode is more technical than most: it’s a real conference-style presentation designed to help attorneys, understand expert strategy, disclosures, and why “neutral” joint expert reports often carry real-world weight in court. Erik explains that a shadow expert isn’t something sneaky it’s a practical way to help a client understand the joint expert process, catch errors early, ensure complete data is shared, and often resolve disputes without needing a formal rebuttal report.

    Guest Information

    Erik Six is a certified public accountant and Accredited in Business Valuation (ABV) who focuses his practice on expert and consulting services in marital dissolution and complex financial divorce cases. He works with attorneys and clients to analyze business value, income, cash flow, and disputed financial issues often as a joint expert, shadow expert, or rebuttal expert depending on the needs of the case.

    Episode Outline

    Why Shadow and Rebuttal Experts Matter
    How expert strategy can protect clients from bad assumptions and expensive litigation detours.

    Common Expert Models in Divorce Cases
    Dueling experts vs. joint experts, joint + shadow, joint + dueling, cooperative models, and court-appointed options.

    Joint Expert Best Practices
    Defining scope, avoiding ex parte communication, managing timelines, draft reviews, and payment logistics.

    Disclosure Rules and Strategic Risks
    How expert disclosures and information sharing matter—especially if a shadow later becomes a testifying rebuttal expert.

    Business Valuation Fundamentals
    Market, asset, and income approaches—and why the excess earnings method is common in professional practice valuation.

    Where Valuations Swing the Most
    Adjusted net income, reasonable compensation, weighting years, and capitalization multiples—and how small changes create big value swings.

    Key Scenarios Where Shadow Experts Add Value
    Separate property tracing disputes, questionable add-backs, and catching math/assumption errors before the report is final.

    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.

    57 min
  • Motions To Restrict Parenting Time | Episode 42

    Motion to Restrict Parenting Time in Colorado

    In this short lesson on Divorce at Altitude, Ryan Kalamaya explains what happens when a parent believes a child is in imminent physical or emotional danger during the other parent’s parenting time. 

    Ryan breaks down what “endangerment” can look like (for example, a DUI with the child in the car, physical abuse, molestation, and certain forms of emotional abuse depending on the facts and the judge). He explains how courts often handle these filings quickly—sometimes through an on-call judge for urgent matters—and how the motion must be verified (signed under penalty of perjury). If the allegations support imminent danger, the court may order supervision right away and must then hold a hearing and rule within 14 days.

    The episode also covers the practical reality of these hearings (often limited time, sometimes relaxed evidentiary rules depending on the judge) and the possible outcomes: denial (sometimes with attorney fees), reinstating unsupervised parenting time, continuing supervision, or crafting a tailored order. Ryan also highlights common safety tools—like alcohol or drug testing—when substance use is the driving concern, and warns that misuse of these motions can backfire, including potential attorney fee awards.

    Episode Outline

    What a Motion to Restrict Is
    An emergency request to restrict unsupervised parenting time when a child is alleged to be in imminent danger.

    The Legal Standard in Colorado
    How C.R.S. § 14-10-129.4 triggers expedited court review and a required ruling within 14 days.

    Examples of “Endangerment”
    Common fact patterns (DUI with a child, physical/sexual abuse, and the gray area of emotional harm).

    What Happens After Filing
    Verified motions, how judges review allegations quickly, and why courts often use an on-call system for urgent matters.

    The 14-Day Hearing
    What these hearings typically look like (time limits, varying approaches to evidence) and what judges can order.

    Possible Outcomes and Remedies
    Denying the motion, continuing supervision, returning to unsupervised time, and using solutions like testing when substance use is the issue.

    Risks of Misuse
    Why filing without legitimate grounds can change the trajectory of a case and expose a party to attorney fees.

    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.

    9 min
  • Attacking and Defending Premarital Agreements | Episode 41

    Attacking and Defending Premarital Agreements in Colorado

    In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha dive into attacking and defending premarital agreements (prenups) in Colorado divorce cases. They explain why prenup litigation often turns on motivation and timing, and why the choice-of-law clause matters when an agreement points to another state’s rules (like California or Illinois) instead of Colorado.

    Ryan walks through Colorado’s evolving legal framework—from the pre-1986 common law era (including Newman) to the Colorado Marital Agreement Act (effective July 1, 1986) and later updates tied to the Uniform Premarital and Marital Agreements Act (effective July 1, 2014). The discussion highlights the two big categories of challenges—substantive vs. procedural fairness—and why Colorado generally focuses far more on procedure (voluntariness, disclosure, independent counsel, timing) than on whether the deal “feels fair,” especially for property division. They also cover key exceptions where fairness/public policy can matter more, including spousal maintenance (unconscionability at divorce) and attorney fee waivers (including the impact of Eichler).

    Episode Outline

    Where the Analysis Starts
    Motivations for enforcing vs. challenging a prenup and why the governing law (choice of law) can change everything.

    Colorado’s Prenup “Regimes” Over Time
    How the law shifted from case-law rules to statutory frameworks (1986 and 2014 changes).

    Procedural vs. Substantive Fairness
    Why Colorado often enforces harsh property terms if procedure was fair, and where courts do scrutinize outcomes.

    Maintenance and Attorney Fees Exceptions
    How unconscionability at the time of divorce can impact maintenance waivers, and why fee waivers can fail under public policy.

    Procedural Attacks That Actually Move the Needle
    Timing, voluntariness, duress claims, independent counsel, and (most importantly) financial disclosure problems.

    Other Challenge Theories
    Public policy provisions, fraud/non-disclosure, revocation, repudiation, and abandonment through conduct.

    How These Cases Are Litigated
    Bifurcation, written discovery, depositions (lawyers/notaries/witnesses), and attorney file production to prove what really happened.

    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.

    37 min
  • Parental Relocation in a Colorado Divorce | Episode 40

    Parental Relocation in Colorado Divorce Cases

    In this episode of Divorce at Altitude, Ryan Kalamaya breaks down one of the most complex and emotionally charged issues in Colorado family law: parental relocation. Ryan explains why relocation cases are often described as the “nuclear bomb” of divorce litigation, frequently creating clear winners and losers and requiring courts to make deeply difficult decisions about children and parenting time.

    The episode focuses on the critical legal distinction between relocation requests made during a divorce versus those made after a divorce decree has entered. Ryan explains how Colorado law treats these situations differently, highlighting the impact of key Colorado Supreme Court and appellate decisions, including Spahmer, Morgan, and Cieslik. He walks listeners through how courts analyze best-interest factors, why judges must assume a relocating parent has already moved in certain cases, and how post-decree relocation adds an additional layer of statutory factors under Colorado law.

    Ryan also discusses the practical realities of relocation cases, including parenting schedules, travel logistics, school considerations, extended family, and the role of professionals such as Child and Family Investigators and Parental Responsibilities Evaluators. The episode emphasizes why relocation disputes almost always require experienced legal guidance and careful strategic planning.

    Episode Outline

    Why Parental Relocation Is So Difficult
    An overview of why relocation cases are among the most challenging issues Colorado courts face.

    Relocation During a Divorce
    How Colorado courts analyze relocation requests made before a divorce is finalized and the legal framework established by Spahmer.

    Relocation After a Divorce Decree
    The different legal standard applied to post-decree relocation cases and the additional statutory factors courts must consider.

    Key Factors Courts Evaluate
    Reasons for relocation, objections, parenting history, education, extended family, and the child’s best interests.

    Practical Considerations in Relocation Cases
    Travel logistics, age of the children, parenting schedules, and whether a workable plan can be created.

    Why Legal Guidance Matters
    The importance of consulting an experienced Colorado family law attorney when relocation is at issue.

    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.

    9 min

About Divorce at Altitude: A Podcast on Colorado Family Law

From the publisher's feed

Award-winning Colorado divorce attorneys, Ryan Kalamaya and Amy Goscha, provide an approachable, insider view to divorce, parenting, relationships, and breakups. Episodes will include conversations…

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