Automatic Temporary Injunction in a Divorce | Episode 9

The Automatic Injunction in a Colorado Divorce: What You Need to Know

Filing for divorce can bring both relief and anxiety—and once the petition is filed, important legal rules immediately go into effect. In this short Divorce at Altitude lesson, Ryan Kalamaya explains the automatic injunction in a Colorado divorce, what it means, and why it matters.

Ryan walks through when the automatic injunction begins, how it preserves the status quo, and the most common mistakes people make after filing. From transferring property to traveling with children or changing insurance coverage, this episode highlights the actions that can create serious legal consequences if handled incorrectly.

Episode Outline

When the Automatic Injunction Begins

How the automatic injunction is triggered upon service of the petition, waiver of service, or joint filing—and why timing matters.

Purpose of the Automatic Injunction

Why Colorado law requires preservation of the status quo and what courts are trying to prevent during divorce.

Restrictions on Marital Property

What parties cannot do with marital assets, including transferring, concealing, encumbering, or disposing of property without consent.

Exceptions: Business and Daily Living

Understanding the two key exceptions—ordinary course of business and necessities of life—and where people often cross the line.

Prohibition on Harassment or Disturbing the Peace

How the injunction governs behavior between spouses and why context matters.

Travel Restrictions With Children

Why children cannot be taken out of state without agreement or court order, and how this affects vacations and school breaks.

Insurance Coverage Requirements

What insurance policies must remain in place, including health, homeowners, renters, and life insurance.

Financial and Account Considerations

Why canceling credit cards or opening new accounts should be discussed with an attorney first.

Why Legal Guidance Matters

How violating the automatic injunction can damage credibility, increase conflict, and impact court outcomes.

What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado.

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here. If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

Transcript

Ryan Kalamaya:
Welcome to Divorce at Altitude, a podcast on Colorado family law, I'm Ryan Kalamaya. Each week, along with my business partner and cohost Amy Gosha or an expert, we discuss a particular topic related divorce, or co-parenting in Colorado. In addition, we have created a short series of lessons that will take you through the legal process of divorce and answer your questions. From simple to complex, divorce isn't easy. The end of a marriage, especially when children are involved, brings a great deal of loss and change. We hope these practical tips and insights will help you on your journey to a new and better life.

Ryan Kalamaya:
Okay, the petition for dissolution has been filed. For most people this brings a bunch of mixed feelings. Because on one hand, they're starting the process and there's a sense of relief. On the other hand, they're grappling with the end of the marriage, formally. The most important thing you need to understand in this phase is that there's an automatic injunction that goes into effect here in Colorado when a petition for dissolution has been filed. When it goes into effect is very important for you to understand. And it's upon service of the other party. That can be either a waiver of service or joint petition, or when the parties actually serve. Well, what is this automatic injunction? What does this even mean? Well, what it means is it preserves the status quo. That's the whole goal behind the law under 14-10-107. It says that neither party is allowed to transfer, encumber, conceal, or dispose of any marital property without the consent of the other party.

Ryan Kalamaya:
Now there's two exceptions to this general prohibition on transferring or moving or encumbering any marital property. And that's in the usual course of business or for the necessities of life. Now the latter example is probably the easiest to understand. If you're at the grocery store and you need to buy some bananas, you don't need to call the other party and say, "Hey, do I have permission to buy some bananas?" Now, what that doesn't mean is that you can go out and buy a brand new car, especially if it's some sort of luxury vehicle and you've always driven Hondas or Toyotas. The other is in the usual course of the business. And that's going to depend on the circumstances of your marriage. It's going to depend on the businesses involved. Transferring a hundred thousand dollars might be normal for a very significant business, but not in another.

Ryan Kalamaya:
The other prohibition or thing that is controlled by the automatic junction is that neither party may disturb the peace or otherwise harass the other party. Again, that's going to depend on the circumstances of the case. And then the third thing is that children may not be taken out of the state for any reason, without the agreement of the other parties or court order. Now that can really cause issues if there's a spring break or winter break, and you need to work together with your other spouse or obtain permission from the court. And the idea is that it prevents a party from absconding.

Ryan Kalamaya:
The final thing is that parties are not supposed to change health insurance, homeowners insurance, renters insurance, life insurance, that provides coverage for either party. Again, status quo needs to be preserved. It prevents either party from really pulling the rug out from each other. Now, there are other things that are tended to this, canceling credit cards, opening up new bank accounts. Those are circumstances in which you really need to talk with an attorney. But the most important thing you need to take from this is that the automatic injunction is something that you need to be aware of. It preserves the status quo and it goes into effect upon service on the other party.

Ryan Kalamaya:
Thanks for listening or watching this short lesson on the Divorce at Altitude podcast. If you found this helpful, please leave a review or share with a friend. It does help for others that are going through or thinking about divorce in Colorado. If you want to find out more information, please visit Kalamaya.law or divorce@altitude.com. That's K-A-L-A-M-A-Y-A.law. Remember, this is educational information. It's not intended to be legal advice. Please consult with an attorney about the particulars of your case. We're happy to answer questions. Feel free to give us a call at (970) 315-2365.