Temporary Orders in a Colorado Divorce | Episode 15

Understanding Temporary Orders in Divorce Cases

In this episode of Divorce at Altitude, Ryan Kalamaya explains the concept of temporary orders in Colorado divorces. When disagreements arise between spouses, particularly around finances, parenting time, or living arrangements, temporary orders are used to set interim rules while awaiting final decisions from the court. Ryan discusses how temporary orders can address both financial and parenting issues, providing stability during a contentious divorce process.

He highlights the importance of understanding the temporary orders process, including when emergency motions can be filed, and what happens if both parties cannot agree. Ryan also cautions that although temporary orders are meant to be interim, they can significantly impact the outcome of the case. Judges may make decisions that affect the trajectory of the divorce, and credibility issues can play a crucial role in these early hearings.

For family law professionals and those going through divorce, this episode provides valuable insights into the practicalities of temporary orders and the potential long-term consequences of decisions made during this stage of a divorce.

Episode Outline

Introduction to Temporary Orders
What temporary orders are and why they are essential in divorce proceedings.

When to Request Temporary Orders
How to determine if temporary orders are necessary for your case and the process to request them.

The Role of Mediation
The importance of mediation in resolving disputes before temporary orders hearings.

The Impact of Temporary Orders on Your Case
How temporary orders can set the stage for the rest of your divorce and why they can determine the trajectory of the case.

Emergency Motions and the “Forthwith” Process
When and how to file an emergency motion, and the challenges of convincing a judge that an issue is truly an emergency.

Caution in Seeking Temporary Orders
Why it’s crucial to be strategic when requesting temporary orders, as they can have long-lasting effects on your case.

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 Goscha or an expert, we discuss a particular topic related to 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:
So what happens if the status quo cannot be preserved or there's a disagreement between the parties as often is the case in a divorce about who's going to pay what bills or how we're going to split up the kids or parenting time. Well, you can ask for what are called temporary orders. Temporary orders are an interim set of rules that apply to your case while you wait for permanent orders from the court. Permanent orders or final orders, that's the final trial date or the final decree that is entered by the court. Now, temporary orders can apply to both parenting or financial aspects of your case. If it's an emergency, then you can file what's called a forthwith or an emergency motion and I will tell you that judges oftentimes disagree whether or not something's an emergency, and they don't like having emergency issues. And similarly, temporary orders, they're expensive, they're contentious. So judges, they generally don't like them and you can reach them by agreement.

Ryan Kalamaya:
So if you have an agreement on who's going to go into the residence or that someone's going to have exclusive possession of the marital residence, then you can file what's called a stipulation or an agreement on temporary orders and same thing for kids. Now, if you can't agree, then you can go to a hearing and at the initial status conference that I referenced earlier, you can let the family court facilitator know that the status quo is not being preserved or it's just unacceptable and you can ask for a hearing date on temporary orders. Most of the time the judge is going to require, and it kind of is dependent on the judge and the county, but most will require mediation, which will be subject to another discussion before getting into temporary orders. One word of caution is that the temporary orders hearing, they can be expensive, but most importantly, they can really determine the trajectory of a case.

Ryan Kalamaya:
Cases can be won or lost at temporary orders, even though it's supposed to be just an interim order and you're supposed to be able to preserve all arguments at a later date. But if the court disagrees or disbelieves a party because they just don't find them credible, that can completely change your case. So you just need to be careful when you ask for temporary orders.

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 a divorce in Colorado. If you want to find out more information, please visit kalamaya.law or divorceataltitude.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.