Appeals in a Colorado Divorce
If you’re feeling frustrated after a divorce or custody ruling, an appeal may sound like a second chance. But as this episode makes clear, it is a legal review, not a do-over. The Colorado Court of Appeals looks at whether the law was applied correctly, not whether the judge should have believed one witness over another. Appeals take time, require careful strategy, and can be costly, especially when parenting plans and life circumstances continue to evolve during the process.
Understanding tools like Rule 59 and Rule 60, as well as procedural nuances such as magistrate review, can significantly impact your options. Before moving forward, it’s critical to evaluate whether there is a true legal issue to challenge. With the right guidance and realistic expectations, you can make an informed decision about whether pursuing an appeal aligns with your goals and your family’s future.
Guest Information
Paige Mackey Murray is a Colorado appellate attorney with over 22 years of experience. She focuses on appeals in Colorado state appellate courts and assists trial counsel with issue preservation and post-trial strategy. She also serves as of counsel to Kaplan Law for family law appeals.
Episode Outline
What an Appeal Is—and What It Isn’t
Why appeals focus on legal error, not re-trying the facts.
Court of Appeals vs. Supreme Court in Colorado
Error correction vs. policy-making and why cert petitions matter.
How Long Appeals Take and What They Cost
Realistic timelines, typical expense ranges, and cost-benefit analysis.
Rule 59 vs. Rule 60 Motions After Trial
When post-trial motions help, and when they can complicate an appeal.
What Happens While an Appeal Is Pending
How changing circumstances (especially parenting) can affect outcomes.
Magistrates, Petitions for Review, and Preservation Traps
Why procedure matters and how issues can be waived.
Common Family Law Issues on Appeal
Parenting time, child support, maintenance, endangerment, and statutory standards.
Weak Appeals vs. Strong Appeals
Why credibility disputes and “bias” claims rarely succeed.
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.
