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What happens at a Temporary Orders Hearing?

If you are going through a Colorado divorce or custody action, you may be struggling to maintain the “status quo” when it comes to daily activities regarding finances or children. Certain circumstances may not require a Temporary Orders Hearing; however, many cases require immediate attention from the court. Issues that will/can be addressed at the Temporary Orders Hearing are usually subject to change at a Final Orders Hearing but often offer relief from urgent issues that cannot wait for a Final Orders Hearing. Typical issues that will be heard or addressed at a Temporary Orders Hearing may include the following:

  1. Temporary possession of the home
  2. A temporary parenting plan
  3. Temporary support (spousal and/or child)
  4. Temporary payment of debts
  5. Temporary payment of attorney’s fees
  6. Any other urgent matters

What won’t happen at the Temporary Orders Hearing. A Temporary Order will not prejudice the parties at a Final Orders Hearing and will terminate at the final hearing. Absent an agreement by the parties, the Court will not address the division of marital property, division of marital debts or assets, or issue a final decree.

When preparing for a Temporary Orders Hearing the court will usually require the parties to attend a settlement conference to attempt to resolve temporary issues in lieu of attending a hearing. This may be difficult if both parties are emotionally charged and unwilling to waiver on their positions; however, it is likely in the best interests of the parties to come to an amicable, temporary resolution. Considering the court is a third party with no insight into your day-to-day needs you may not benefit from an order from the bench, but rather coming to a temporary agreement may provide the best relief temporarily. While it is not impossible to come to a temporary agreement, it does require both parties to be reasonable and work towards a common goal. This can be challenging when you are unrepresented as you may not know what is fair and conscionable.

If you are unable to come to a temporary agreement and must proceed to a temporary orders hearing, what should you expect to prepare? When planning to attend a Temporary Orders Hearing, the court will likely issue a Case Management Order outlining the requirements for both parties, including but not limited to, hearing deadlines, acceptable candor by the parties, instructions for submitting exhibits and issuing subpoenas, and any other necessary orders required by the division your case will be held in.

While the Temporary Orders Hearing won’t prejudice the parties at the Final Orders Hearing, presenting your case at this juncture is vital for setting the standard for the court to consider at the final hearing. You will want to be careful and maintain credibility at the temporary hearing as that may be considered as a factor later. Additionally, you may not be able to attend a final hearing for many months depending on the docket of your assigned court division so you will want to establish orders that you can operate under for a period of time. It is best that you consider retaining an attorney well in advance of any hearing, especially an evidentiary hearing such as a Temporary Orders Hearing. An experienced Colorado family law attorney will advocate for your rights as a married individual or parent. Without experienced counsel, articulating your case can be difficult and you may damage your case if you unknowingly fail to present your case adequately. Call the Law Offices of Clifton Black, PC today for a free, ½ hour consultation and meet with our experienced family law team to discuss your case.

Call (719) 328-1616 today. Can you afford to not hire counsel?

Counties serviced: El Paso, Douglas, Denver, Teller, and Pueblo County.

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Law Offices of Clifton Black, PC