October 25,2019
The shortest length of time that it will take to get divorced in Colorado is 92 days after filing the Petition for Dissolution of Marriage. Further, the parties must be domiciled in the state of Colorado for more than 91 days prior to filing the Petition for Dissolution of Marriage. The reality is that every […]
September 27,2019
Child’s Legal Representative (CLR) A Child’s Legal Representative (CLR) is an attorney appointed pursuant to C.R.S. 14-10-116 to represent the best interests of the child. The key concept here is that the lawyer does not represent the child, but the child’s “best interests.” The CLR is not a mouthpiece to parrot the child’s wishes. The […]
August 02,2019
We see it in the news all the time – “Social Media Becomes Bearer of Bad News for Divorcing Celebrity Couples”. We give the following advice to our family law clients: Do not write a Facebook post, text or e-mail under stress or immediately in reaction to your soon to be ex-spouse or partner. Before […]
July 19,2019
Divorce is one of the most challenging chapters in a person’s life. For many reasons clients such as business executives, celebrities or high net worth individuals want to keep their legal divorce proceedings private and maintain as much control over the process as possible. With mutual consent, a private judge or arbitrator can be used […]
July 05,2019
The following changes to C.R.S. § 14-10-115 went into effect in July 2019: Imputation of income. Pursuant the child support statute, a court can impute (assign) income to a parent based on their earning potential when a parent is underemployed or voluntarily unemployed. Previously, the statute provided that the court could not impute income to […]
June 07,2019
You are amid a custody battle regarding your child(ren) and you and your spouse do not agree on parenting time and decision-making responsibility. A parental responsibilities Evaluator (“PRE”) has been appointed in your case to complete an investigation and report recommending what is in the best interests of your children. This is a nerve-racking […]
April 11,2019
In Colorado, a motion to restrict parenting time may be filed to restrict parenting time or parental contact pursuant to C.R.S. 14-10-129(4). Such motions can be filed when (1) a parenting time order already exists, and (2) prior to the entry of orders as a motion to restrict parental contact. For example, a motion to […]
March 15,2019
Kalamaya | Goscha’s founding partners Ryan Kalamaya & Amy Goscha have been selected to the 2019 Colorado Super Lawyers Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Both partners have been selected as Rising […]
March 14,2019
Many individuals believe that if they put property in a trust, it will protect them from the other spouse getting to the property in a divorce. This overall generalization is false. In Colorado, the proper analysis to determine whether a beneficiary spouse’s interest in a trust is subject to equitable division, there has to be […]
March 01,2019
Change is inevitable. Change is constant. – Benjamin Disraeli How far can you move if you have joint custody? How does a judge decide who gets custody? What happens when a parent wants to move somewhere far away after a divorce? We frequently hear these questions from our clients in Aspen, Edwards, Carbondale and Glenwood […]