Divorcing is a complicated process, requiring the division of one household into two and one family into two households. It involves complex financial dealings to fairly and equitably divide marital assets, and sometimes includes contentious disputes over child custody, alimony, and retention of the family home. Often, these critical decisions take time to navigate—but some aspects of the divorce cannot wait. Colorado requires a 90-day waiting period between the initial divorce filing and the final divorce decree, but sometimes provisions must be put in place immediately to ensure the safety and well-being of everyone involved. Temporary orders provide immediate relief for urgent concerns that cannot wait until the finalization of the divorce.
Sometimes one spouse faces immediate financial hardship upon separation. Temporary orders can address this and other urgent matters. Common temporary orders in Colorado divorces include the following:
Temporary orders are a safety net put in place during the divorce process so that no spouse or children face hardship or danger. Temporary custody orders help spouses avoid contentious arguments over child custody while the case is pending.
The final orders after a judge hears arguments on both sides in the final hearing may be different than the temporary orders put in place during the waiting period and divorce process.
There are two ways to request temporary orders during a divorce in Colorado. Both spouses can come to agreements on aspects of their divorce like child custody, child support, and which parent remains in the marital home. If they are able to communicate and compromise effectively, they can take their agreement to the court and request temporary orders to put the agreed-upon terms into place through temporary orders until the final divorce decree. In these cases, the final orders often uphold the temporary orders, particularly in uncontested divorces when spouses reach a divorce settlement agreement outside of court.
When there are one or more disputes involved, such as an argument about the parenting time schedule or which spouse retains the family home, then one spouse may request temporary orders, the other spouse may dispute the request, and the judge will schedule a short hearing to resolve the matter after hearing both sides. The hearing does not determine final orders, only temporary orders until the final hearing.
Requesting temporary orders is often an urgent matter, particularly when a separation causes financial hardship, when parents battle over temporary child custody, or when one spouse is the victim of domestic abuse and requires temporary protective orders. Call the Denver divorce lawyers at Ciancio Ciancio Brown, P.C. today so we can guide you through the process of requesting temporary orders and represent your interests at the hearing for the best possible outcome.
