Temporary Orders

 

“Divorce And Temporary Orders In Colorado…”

 

In a Colorado divorce or allocation of parental responsibilities cases, either party may ask the court for a temporary orders hearing. Pursuant to CRS §14-10-108, this hearing will occur anywhere from immediately (in emergency circumstances unless you live in Douglas County) to 4 months from the date of filing.   The following issues are usually ruled on and govern the case on a temporary basis until the final hearing known as Permanent Orders:

  • *Sale or temporary exclusive possession of the marital home
  • Temporary possession & use of the family automobile
  • Temporary child support, usually based on the child support worksheet
  • Temporary spousal support/maintenance
  • Temporary allocation of parental responsibilities (PT and DM)
  • Temporary payment of health insurance
  • Temporary payment allocation of uninsured medical expenses
  • Temporary interim payments of marital debts
  • Restraining a party from encumbering marital property (similar to CRS 14-10-107)
  • **Award prospective attorney fees under CRS §14-10-119

 

*Restraining a spouse from contacting or co-habitation with other spouse (exclude spouse from the marital home)

**Prospective Attorney Fees

 

Call Now To Speak With Colorado Family Lawyers: (303) 990-5308

 

The LAW:

14-10-108. Temporary Orders in a dissolution case

(1) In a proceeding for dissolution of marriage, legal separation, the allocation of parental responsibilities, or declaration of invalidity of marriage or a proceeding for disposition of property, maintenance, or support following dissolution of the marriage, either party may move for temporary payment of debts, use of property, maintenance, parental responsibilities, support of a child of the marriage entitled to support, or payment of attorney fees. The motion may be supported by an affidavit setting forth the factual basis for the motion and the amounts requested.

(1.5) The court may consider the allocation of parental responsibilities in accordance with the best interests of the child, with particular reference to the factors specified in section 14-10-124 (1.5).

(2) As a part of a motion of such temporary orders or by an independent motion accompanied by an affidavit, either party may request the court to issue a temporary order:

(a) Restraining any party from transferring, encumbering, concealing, or in any way disposing of any property, except in the usual course of business or for the necessities of life, and, if so restrained, requiring him to notify the moving party of any proposed extraordinary expenditures and to account to the court for all extraordinary expenditures made after the order is issued;

(b) Enjoining a party from molesting or disturbing the peace of the other party or of any child;

(c) Excluding a party from the family home or from the home of the other party upon a showing that physical or emotional harm would otherwise result.

(2.3) and (2.5) (Deleted by amendment, L. 2004, p. 553, § 4, effective July 1, 2004.)

(3) A party to an action filed pursuant to this article may seek, and the court may issue, a temporary or permanent protection order pursuant to the provisions of part 1 of article 14 of title 13, C.R.S.

(4) (Deleted by amendment, L. 2004, p. 553, § 4, effective July 1, 2004.)

(5) A temporary order or temporary injunction:

(a) Does not prejudice the rights of the parties or the child which are to be adjudicated at subsequent hearings in the proceeding;

(b) May be revoked or modified prior to final decree on a showing by affidavit of the facts necessary to revocation or modification of a final decree under section 14-10-122; and

(c) Terminates when the final decree is entered, unless continued by the court for good cause to a date certain, or when the petition for dissolution or legal separation is voluntarily dismissed.

(6) (Deleted by amendment, L. 2004, p. 553, § 4, effective July 1, 2004.)

(7) At the time a protection order is requested pursuant to part 1 of article 14 of title 13, C.R.S., the court shall inquire about, and the requesting party and such party’s attorney shall have an independent duty to disclose, knowledge such party and such party’s attorney may have concerning the existence of any prior protection orders or restraining orders of any court addressing in whole or in part the subject matter of the requested protection order.

 

Call Now To Speak With Colorado Family Lawyers: (303) 990-5308