Temporary Orders

Divorce or legal separation can be one of the most challenging periods for families, especially when issues like abuse, financial disputes, or parental responsibilities arise. To address immediate concerns during the legal process, Colorado courts provide a mechanism for temporary orders under C.R.S. § 14-10-108. These orders aim to provide relief and structure while the case is pending. This article breaks down the purpose of temporary orders, what issues they can address, and the legal process involved.

What Are Temporary Orders?

Temporary orders are interim legal rulings issued by a court in a divorce or legal separation case to resolve urgent issues that cannot wait until the final decree. These orders can address:

• Physical Abuse: Protecting a spouse or child from harm by enjoining abusive behavior or excluding the abusive party from the family home.
• Financial Support: Ensuring one spouse provides reasonable financial support for the other or the children.
• Property Management: Restricting one spouse from disposing of or misusing marital assets.
• Parental Responsibilities: Allocating temporary parental responsibilities, including decision-making and parenting time, in the best interests of the children.

Legal Basis and Scope of Temporary Orders

Under C.R.S. § 14-10-108, either party in a dissolution or legal separation proceeding may file a motion for temporary orders. These orders may include:

1. Financial Relief:
   • Temporary maintenance (spousal support).
   • Child support for children entitled to support.
   • Payment of marital debts or attorney’s fees.
2. Parental Responsibilities: Temporary custody arrangements and parenting time schedules. Decisions made in accordance with the child’s best interests, considering factors outlined in C.R.S. § 14-10-124(1.5).
3. Property Protections:Restraining either party from transferring, encumbering, or concealing property outside normal business or life necessities. Requiring the restrained party to notify the court or the other party of extraordinary expenditures.
4. Protection Orders: Enjoining a party from disturbing the peace of the other spouse or child. Excluding one party from the family home when emotional or physical harm is at risk.
5. Temporary Housing: Granting one party exclusive use of the family home while the case is pending.

Process for Obtaining Temporary Orders

1. Filing the Motion: A party seeking temporary orders must file a motion supported by an affidavit outlining the factual basis and specific requests.
2. Hearing and Evidence: The court holds a hearing where both parties can present evidence, such as financial documents, testimony, or evidence of abuse. The court evaluates evidence in light of the legal standards, including the best interests of the child for custody issues.
3. Mediation Requirement: Many Colorado courts require mediation before granting a hearing on temporary orders, particularly for disputes related to parenting time or financial matters. Mediation can help parties reach an agreement without prolonged litigation.
4. Temporary Order Issuance:The court issues temporary orders tailored to the immediate needs of the parties and children. These orders remain in effect until the final decree or further modification.

Key Considerations in Temporary Orders

1. Best Interests of the Child: In parental responsibility cases, the court prioritizes the child’s physical, emotional, and developmental needs, as outlined in C.R.S. § 14-10-124(1.5).
2. Non-Prejudicial Nature: Temporary orders do not determine the final outcome of the case. They are designed to provide stability during the proceedings and can be modified upon a showing of new evidence.
3. Duration: Temporary orders terminate upon the issuance of a final decree unless continued for good cause or terminated earlier by the court.
4. Transparency and Disclosure: Parties and their attorneys must disclose any prior protection or restraining orders to the court when seeking a new order.

Conclusion

Temporary orders provide essential relief for families navigating divorce or legal separation. They ensure the safety of vulnerable parties, provide financial stability, and address pressing parenting issues while the case is pending. If you are facing challenges requiring temporary orders, consulting with an experienced family law attorney is crucial to protect your rights and interests.

For more information on temporary orders and other family law issues, visit the C.R.S. § 14-10-108 or consult a qualified attorney who can guide you through the process.