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“Temporary orders” are one of the main types of orders a court can enter in a Colorado divorce or child custody case. Temporary orders allow the court to enter orders to be put in effect while a case is pending – until final permanent orders and final are entered.
Getting a divorce is already hard enough. Securing temporary orders enables spouses to suspend some of their most pressing worries, such as how daily needs will be paid for and how the children will be cared for, so that both partners can focus on what's at hand, finalizing the divorce and starting a new life.
The purpose of temporary orders is to allow both spouses and their children to live in the way they are used to, or maintain the status quo, even after they have separated. Temporary orders are not required, and the parties can either agree to temporary orders, or either party may request temporary orders from the court.
If you live in Denver and are facing a divorce or child custody dispute, contact Halligan LLC today at (720) 608-2361 to schedule a confidential consultation. Our experienced and compassionate Denver family law attorneys will address all your questions and concerns.
Common Temporary Orders
Issues commonly addressed in temporary orders, before permanent orders or the final resolution of the case, can include:
- Maintenance/Spousal support (formerly “alimony”)
- Child support
- Parenting time and decision making
- Exclusive possession and use of the marital home
- Exclusive possession and use of vehicles
- Payments of debts and/or marital expenses
- Insurance payments
- Exclusive possession and use of certain property
- Attorney’s fees
Temporary orders will usually remain in place until a final settlement is reached or the final divorce trial occurs.
Temporary Orders Procedures and Hearing
The temporary orders hearing is typically scheduled promptly. The hearing may only last a half-hour.
Temporary orders can be established by agreement of the two parties involved, or it can be left up to the judge to decide. Before a temporary orders hearing occurs, Colorado law requires both parties to participate in a good faith settlement conference to fully discuss all temporary orders disputes. When the parties are in agreement, a stipulation is drafted for them to sign. Any such agreement has to be filed with the court for the judge to approve to become an enforceable order.
After the agreement is submitted to the court, the temporary orders hearing could be canceled or vacated. However, if an agreement is not reached, a hearing is scheduled. During the hearing, the judge reviews all exhibits and testimony establishing the need for certain orders. Because temporary orders hearings are such a critical part of family law, it’s in your best interest to seek legal advice from a qualified Colorado family law attorney.
It’s important to note that the court will not determine the final division of property, final support orders, or final custody. These issues can only be ruled on by the court during the permanent orders hearing (or by adoption of the parties’ final settlement agreements). All orders entered during a temporary orders hearing are short-term, as the name “temporary” indicates, and the issues raised during the hearing could be litigated again at the permanent orders hearing.
Contact Us Today
At Halligan LLC, we understand that issues such as spousal support and child custody are among the most stressful aspects of your divorce. With our skilled legal assistance, you and your family can transition to a more peaceful future. We regularly handle temporary orders in Denver family law cases, and we are ready to help you.
For help with your case, contact Halligan LLC today at (720) 608-2361 to schedule a consultation with one of our skilled and compassionate Denver family law attorneys.