In a divorce case, a temporary order is a court action that addresses the following: temporary payment of debts, temporary use of property, temporary spousal maintenance, temporary child support, temporary parental responsibilities or parenting or temporary payment of legal fees. These orders are common in contested divorce cases as the parties need court orders to help them through their case if they cannot come to an agreement on their own. On non-contested divorce cases, temporary orders are not as common.
Temporary orders are usually requested because the parties are not able to come to agreements on certain areas of their case. The temporary orders will be a placeholder aid in their case until the parties can get to the final orders hearing. As our attorneys have handled many divorce cases, we could prepare you on what to expect during a temporary orders hearing in Colorado Springs.
At a temporary order hearing in Colorado Springs, the parties are expected to present evidence to support their desired positions and outcomes. Documentation can range from texts and emails to bank and credit card statements and proposed child support and spousal maintenance worksheets. It varies per case, but the parties should be prepared to present evidence in the form of documentation at a temporary orders hearing. After each side has presented their case, the magistrate will make findings based on the facts presented and issue temporary orders.
If someone wants a temporary orders hearing, they can request it at the initial status conference. If they did not request it at the initial status conference, they can file a document called a notice to set temporary orders hearing. Generally, these hearings are conducted at the 4th Judicial District in Colorado Springs. The assigned magistrates will hear cases at the courthouse at 270 South Tejon Street in downtown Colorado Springs.
Parties should expect their temporary orders hearing to last for about one hour in total, as this is how the court schedules them. Some will go longer, but on average, most are an hour. This hour is for all parties involved and any witnesses to testify. Usually each side is given around 30 minutes of time to present their case.
A lawyer does not have to be present, as many parties in divorce cases attend, and then do temporary orders unrepresented or pro se. However, having an experienced divorce attorney can be immensely helpful as they know how the process works and could help someone stay focused in the presentation of their case.
Generally, temporary orders last until final orders are put into place by the court or by agreement of the parties and made an order of the court. It is almost unheard of to have the temporary orders extended for a limited time and then expire with no more order in place or guidance from the court. If the parties agreed or if the district court judge finds that the temporary orders should become permanent, then they will become the final order.
Going to court for a temporary orders hearing can be a scary and daunting experience. It is important to have an advocate on your side to help guide you throughout the process. Our team could prepare you on what to expect during a temporary orders hearing in Colorado Springs. An experienced team knows the ins and outs of the court process and the magistrate that they are appearing in front of. We could help you achieve your goals.