Welcome back to Divorce at Altitude! After a brief hiatus, hosts Ryan Kalamaya and Amy Goscha are back with a deep dive into a frequently debated topic in divorces: separate property. They tackle complexities surrounding what constitutes separate property, how it’s treated in Colorado, and the critical nuances involved in tracing its value.

Episode Highlights:
- Introduction to Separate Property: Ryan and Amy break down the difference between marital and separate property and how Colorado’s progressive approach influences the division. They explain how separate property (such as assets acquired before marriage, through gifts, or inheritance) can appreciate during a marriage and how that appreciation is treated as marital property.
- Burford vs. Powell Approaches: The discussion touches on the legal frameworks used to calculate appreciation in separate property. Learn how the Burford approach involves tracing every financial transaction, while the Powell approach takes a more simplified, entity-based view.
- Types of Assets: The hosts dive into various asset classes, such as real estate, retirement accounts, brokerage accounts, trust interests, and business interests, explaining how separate and marital property components are handled differently for each.
- Challenges of Documentation: Ryan and Amy stress the importance of financial records in proving the value of separate property at the date of marriage, including bank statements, appraisals, and tax returns. They also discuss how inheritance documentation, such as wills and trust records, plays a role in tracing separate property.

Key Discussions:
- Complexities of Separate Property in Divorce: Why proving separate property can be challenging, particularly when accounts are commingled or when assets such as businesses and trust interests are involved.
- Real Estate and Retirement Accounts: Real estate is often the easiest to trace, whereas retirement accounts present challenges when factoring in marital contributions and market appreciation.
- Separate Property Documentation: The episode highlights the critical importance of keeping accurate records of gifts, inheritances, and business interests to protect separate property claims during divorce.

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• Email: mailto:info@kalamaya.law

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 info@kalamaya.law.

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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.

Welcome back to another insightful episode of Divorce at Altitude. This week, host Amy Goscha is joined by Dr. McNamara, a licensed psychologist with over 30 years of experience working with families navigating the complexities of divorce and two-home parenting. Together, they explore the topic of reintegration therapy and its role in family law cases.

Episode Highlights:
- Introduction to Reintegration Therapy: Dr. McNamara explains what reintegration therapy is and how it is defined by Colorado law, specifically in the context of the recent 2023 changes to 14-10-127.5, known as Cadence Law. The focus is on reestablishing or strengthening the relationship between a child and a parent with whom contact has been strained or lost.
- The Role of Therapy in High-Conflict Cases: Amy and Dr. McNamara discuss the challenges of parenting in two households, especially in high-conflict situations where children may resist or refuse contact with one parent. The episode highlights how therapy can provide guidance, emotional support, and tools to help families navigate these difficult dynamics.
- Family Therapy vs. Reintegration Therapy: Learn the key differences between general family therapy and reintegration therapy. While both aim to improve relationships, reintegration therapy specifically addresses parent-child contact issues in situations where relationships have been disrupted.
- Impact of Recent Legislation: Dr. McNamara explains how Cadence Law impacts reintegration therapy, especially in cases involving allegations of abuse or domestic violence. The law now prohibits the court from removing a child from a protective parent or restricting contact with a protective parent to improve the relationship with the accused parent, fundamentally changing the approach in these cases.

Key Discussions:
- Therapy Structure and Expectations: Dr. McNamara outlines the structure of reintegration therapy, emphasizing that it is a goal-driven, flexible process tailored to each family’s unique circumstances. She discusses how therapy can last several months to over a year, depending on the needs and progress of the family.
- Measuring Success in Reintegration Therapy: The episode delves into how success is measured in reintegration therapy, including milestones like improved communication, increased comfort in joint sessions, and the rebuilding of trust between parent and child.
- The Role of CLRs (Child Legal Representatives): Amy and Dr. McNamara highlight the importance of CLR

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 info@kalamaya.law.

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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.

Podcast Description:

Welcome back to another engaging episode of Divorce at Altitude. This week, hosts Ryan Kalamaya and Amy Goscha dive into the complex and emotionally charged topic of parental relocation cases, an issue that is becoming increasingly common, especially in mountain areas.

Episode Highlights:
- Introduction to Parental Relocation: Ryan and Amy discuss what parental relocation means and how it can drastically change the dynamics of co-parenting. They define relocation within the context of Colorado law, emphasizing the significant impact it can have on families.
- Pre-Decree vs. Post-Decree Relocation: The episode contrasts relocation cases during divorce (pre-decree) and those that occur after a divorce is finalized (post-decree). Amy explains why post-decree relocations are generally more challenging under Colorado law.
- Key Legal Framework: Ryan and Amy explore the legal precedents set by the Colorado Supreme Court in Spalmer v. Gillette (pre-decree) and In re Marriage of Cheslik (post-decree). They break down the factors the court considers in each type of case, including the wishes of the parents and children, the educational opportunities available at the new location, and the ability to maintain meaningful relationships with both parents.
- Challenges and Considerations: The hosts discuss the practicalities of relocation, such as the impact on children's social capital, the logistical challenges of long-distance parenting, and the financial implications, including the cost of travel for parenting time.
- Role of Experts: Learn about the importance of involving child and family investigators (CFIs), parental responsibility evaluators (PREs), and other experts in relocation cases. Ryan and Amy discuss how these experts can provide crucial insights into the best interests of the child and the practicalities of the proposed relocation.
- Strategies for Relocation Cases: The episode offers valuable advice on how to navigate these challenging cases, including the importance of understanding the law, the role of expert testimony, and the practical considerations that come into play when one parent wishes to relocate.

Key Discussions:
- Social Capital and Gatekeeping: Explore how a child’s established social network and the concept of gatekeeping can influence the court’s decision in a relocation case.
- Impact on Parenting Time and Decision-Making: Understand how relocation can affect both parenting time and decision-making resp

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 info@kalamaya.law.

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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.