Temporary Orders for Colorado Divorce

Summary:  Temporary orders provide for the payment of child support, spousal support, and other expenses if the parties have separated to separate households. Try to use the initial status conference to get temporary orders. In a highly contested case, a temporary orders hearing may be necessary. However, a temporary orders hearing is expensive with regard to attorney fees

If Temporary Orders are Necessary

Under Colorado CRS §14-10-108, either party may move the court for an order for the temporary payment of debts, use of property (such as the family residence), child support, maintenance, parenting responsibilities, and attorney fees.

The purpose of temporary orders is to allow both parties and their children to live in the manner that they are accustomed to, after the separation to two different households.

Unless an agreement can be reached, a contested hearing is usually scheduled where evidence of the need for specific orders is heard by a judge. Exhibits and testimony are usually presented.

Temporary orders will remain in effect until permanent orders are issued or the proceeding is dismissed.

Use the Initial Status Conference in Most Cases

Often sufficient temporary orders can be provided at the initial status conference. A wise use of the initial status conference saves a lot of time and attorney fees. Or, the parties can file a written stipulation (agreement) with the court. In other words, in most cases there is no need for a temporary orders hearing.

CRCP 16.2 now requires that Colorado attorneys for the parties certify that they have conferred prior to any temporary orders hearing in an attempt to resolve any issues. In other words, a temporary orders hearing should be held only if the parties cannot resolve their own issues.