In Colorado, once a dissolution of marriage proceeding has commenced, a temporary orders hearing is often requested to resolve pressing issues on a temporary basis. Because a dissolution of marriage proceeding takes time to resolve (typically 6 to 12 months), temporary orders is the best way to obtain a temporary resolution on pertinent issues. In addition, the statutory minimum for a dissolution of marriage proceeding is 91 days; thus, temporary orders are often a practical solution for many families during the process.
Some issues that may be resolved as a part of this temporary hearing are: (1) temporary possession of the marital home, (2) temporary parenting time arrangements, (3) temporary support for the children, and (4) temporary spousal support. The purpose of these orders is to allow the parties and children to maintain the status quo during the pendency of the case. Furthermore, these temporary orders will typically stay in effect until the permanent orders hearing, unless there is an emergency which could cause irreparable harm to the children.
To request temporary orders, one must file the appropriate form requesting said hearing or request the same at the Initial Status Conference. A court date will be set, and a hearing will be held, unless both parties can come up with an agreement prior to the hearing date. Usually, these hearings are brief (perhaps 45 minutes for each side), and the Judge will likely issue an immediate ruling.
Temporary orders are merely temporary, and do not necessarily dictate what will be determined at the Permanent Orders hearing. Typically, language is included in the Temporary Stipulation or Temporary Order stating that the same is not prejudicial to either party’s positions at Permanent Orders.
Once a divorce case is filed, temporary orders are an effective mechanism to address the immediate issues in your case. The same will establish the status quo during the pendency of the case and calm the immediate emotions inherent is the divorce process, and allow the parties to focus their energies on the permanent, global solutions.
Please contact the domestic team at Feldmann Nagel Cantafio Margulis Gonnell PLLC for all of your Family Law needs.