Divorce at Altitude: A Podcast on Colorado Family Law

Ep. 15 - Temporary Orders in a Colorado Divorce

April 26, 2021 Ryan Kalamaya & Amy Goscha Season 1 Episode 15
Divorce at Altitude: A Podcast on Colorado Family Law
Ep. 15 - Temporary Orders in a Colorado Divorce
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Divorce at Altitude: A Podcast on Colorado Family Law
Ep. 15 - Temporary Orders in a Colorado Divorce
Apr 26, 2021 Season 1 Episode 15
Ryan Kalamaya & Amy Goscha

Often times in a divorce, agreements can’t be reached on who will stay in the house, parenting time or who will continue paying what bills.  

Ryan Kalamaya discusses temporary orders in a divorce in Colorado, and what they do while you are waiting for the final, permanent orders from the court. 

In this Episode:

  • What is a temporary order in a divorce?
  • Can I file an emergency motion if the issue is urgent, and will it work?
  • What happens if my spouse and I don’t agree on the terms of a temporary order?
  • When can a temporary order be filed?


Step by Step Colorado Divorce Guide

The initial thought of trying to file for divorce can be overwhelming and emotionally exhausting. 

Ryan Kalamaya, one of the founding partners of innovative law firm Kalamaya | Goscha, has created a simple, step by step guide to the Colorado divorce process, so you know what to expect and how to best protect yourself and your assets.  

Each 5-minute episode will cover the process for divorce, parenting in a divorce, property division, and more. To watch the videos of each episode, click here.

About Kalamaya | Goscha

Kalamaya | Goscha is an innovative law firm with an award-winning team of trial lawyers specializing in highly personal disputes — divorce, child custody, property division, maintenance/alimony, pre-marital and marital agreements, and collaborative divorce — in Colorado. Give us a call at 970-429-5784 or email us at [email protected] 

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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.

Show Notes Transcript

Often times in a divorce, agreements can’t be reached on who will stay in the house, parenting time or who will continue paying what bills.  

Ryan Kalamaya discusses temporary orders in a divorce in Colorado, and what they do while you are waiting for the final, permanent orders from the court. 

In this Episode:

  • What is a temporary order in a divorce?
  • Can I file an emergency motion if the issue is urgent, and will it work?
  • What happens if my spouse and I don’t agree on the terms of a temporary order?
  • When can a temporary order be filed?


Step by Step Colorado Divorce Guide

The initial thought of trying to file for divorce can be overwhelming and emotionally exhausting. 

Ryan Kalamaya, one of the founding partners of innovative law firm Kalamaya | Goscha, has created a simple, step by step guide to the Colorado divorce process, so you know what to expect and how to best protect yourself and your assets.  

Each 5-minute episode will cover the process for divorce, parenting in a divorce, property division, and more. To watch the videos of each episode, click here.

About Kalamaya | Goscha

Kalamaya | Goscha is an innovative law firm with an award-winning team of trial lawyers specializing in highly personal disputes — divorce, child custody, property division, maintenance/alimony, pre-marital and marital agreements, and collaborative divorce — in Colorado. Give us a call at 970-429-5784 or email us at [email protected] 

************************************************************************

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.

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.