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You may be managing a move, dividing finances, and trying to maintain a sense of normalcy for your child, all while a divorce or custody case works its way through the Colorado courts. You’re not alone if you’re wondering how to keep your new life stable.

Many people in your position ask about temporary custody orders, financial support, and other stopgap solutions while their case is pending.

Fortunately, Colorado law offers a structured way to help protect your and your child’s interests during this waiting period. This guide explains temporary orders and how they can be helpful as you approach your new normal.

Table of Contents

1. What Is a Temporary Order in Divorce or Custody Cases?
2. Types of Temporary Orders in Colorado Family Law Cases
3. What Is a Temporary Order Hearing in a Divorce Case?
4. When Temporary Orders Matter
5. Temporary Order Hearing Checklist
6. Can Temporary Orders Be Modified?
7. How Temporary Orders Affect the Bigger Picture
8. What Drives Colorado Families to Choose Plog & Stein, P.C.?
9. Take the First Step Toward Normalcy
10. Frequently Asked Questions
    1. Are Temporary Orders Legally Enforceable?
    2. How Long Do Temporary Orders Last?
    3. What If My Spouse Doesn’t Follow the Temporary Orders?

What Is a Temporary Order in Divorce or Custody Cases?

In Colorado, a temporary court order for child custody, support, or property can be requested early in a family law case to help stabilize things until final decisions are made. These are not permanent orders. Courts use them to provide structure while the case is ongoing.

Temporary orders (TOs) can address:

• Parenting time and decision-making;
• Child support and spousal maintenance;
• Who stays in the marital home; and
• Payment of shared bills, debts, or attorney fees.

Under Colorado law, either party in a dissolution or allocation of parental responsibilities (APR) case can file a motion for temporary orders. These orders last until the court enters a final decree or order.

Types of Temporary Orders in Colorado Family Law Cases

Depending on the situation, TOs may address just one issue or several issues, and include:

• Temporary custody orders—outlines how much time each parent will spend with the child, who makes decisions, and how transitions are handled;
• Temporary financial orders—can include child support, spousal support, or orders for one party to pay joint bills while the case is pending;
• Temporary possession of property—determines who stays in the home, who drives which vehicle, and who handles ongoing expenses like rent or mortgages; and
• Restraining orders or conduct provisions—may prohibit harassment, prevent selling shared assets, or set rules about parenting exchanges.

While they’re not final, temporary orders often influence the direction of settlement negotiations or the final court ruling.

What Is a Temporary Order Hearing in a Divorce Case?

After submitting a request, the court may schedule a hearing for temporary orders in a divorce or custody case, usually within 60 days of the filing. However, the timeline can vary by county. In cases of emergency, temporary orders like those restricting parenting time, the court will schedule a hearing within 14 days.

At this hearing, a judge listens to each party’s position on disputed matters, such as temporary parenting schedules, support amounts, or housing, and then issues legally binding orders. The court often limits these hearings to 20–30 minutes per side, so every moment counts.

When Temporary Orders Matter

TOs are most helpful when:

• Parents disagree about where the child should live while the case is pending;
• One parent has moved out and needs financial support;
• There’s a dispute over who pays the mortgage or shared bills;
• One party is concerned that the other may sell or hide assets; or
• Tensions are high, and clear ground rules are needed to protect the family.

In each case, temporary orders can help reduce friction and set a working structure while the larger legal process plays out.

Temporary Order Hearing Checklist

If you’re preparing for a hearing, here’s a temporary order hearing checklist of the necessary documents to help you stay focused and assist the court in making informed decisions about your case:

• Financial affidavits that outline your income, expenses, assets, and debt;
• Pay stubs, bank statements, and tax returns showing your current financial reality;
• Proposed parenting plan that details your ideal custody and visitation schedule;
• Receipts for child-related expenses, such as school, daycare, or healthcare; and
• Emails or texts relevant to disputed issues, particularly if they involve parenting or financial discussions.

These documents do more than paint a picture. They may directly influence the court’s decision.

Can Temporary Orders Be Modified?

Yes. If there are significant changes in circumstances before your case ends, you can request to modify a TO. For example, the court can reassess and revise the order if a parent loses a job or a parenting arrangement proves unworkable.

However, the bar is high. You’ll need to demonstrate a substantial change that wasn’t anticipated when the court entered the original order.

How Temporary Orders Affect the Bigger Picture

Courts don’t formally treat temporary orders as binding precedents for final orders. But in practice, what happens during this stage can set the tone. If one parent has been the primary caregiver under a temporary custody order, that pattern may carry weight when making the final decision.

Likewise, if a financial support order has been in place and appears sustainable, the court may use it as a baseline later. That’s why it’s so important to approach temporary hearings strategically and fully informed.

What Drives Colorado Families to Choose Plog & Stein, P.C.?

With over 50 years of combined family law experience, the attorneys at Plog & Stein, P.C. know what’s at stake when your daily life hangs in the balance. Our team takes a focused, tactical approach to TOs, helping clients throughout the Denver metro area make smart decisions that protect their family’s well-being and legal standing.

We understand how local court procedures and judicial preferences vary across Colorado counties and tailor every strategy to your unique situation.

Whether you need full representation or limited assistance, such as document drafting or advice before a hearing, we are dedicated to providing practical solutions that align with your goals.

Take the First Step Toward Normalcy

When your family’s future is uncertain, temporary orders can restore clarity. Let’s discuss what you need to secure your child’s routine, home, and financial footing while your case is pending. We’ll help you prepare the proper documents and build a sound plan.

We also service the Greenwood Village, Highlands Ranch, Aurora, Castle Rock, Centennial, Littleton, Lakewood, Parker, Arvada, Brighton, Westminster, Englewood, Lone Tree, Golden, Cherry Creek areas.

Frequently Asked Questions

Are Temporary Orders Legally Enforceable?

Yes. Once entered by the court, temporary orders have the force of law, and both parties must follow them unless modified.

How Long Do Temporary Orders Last?

They remain in effect until the court enters a final decree. If the case continues for many months, they can sometimes be extended or replaced by updated temporary orders.

What If My Spouse Doesn’t Follow the Temporary Orders?

You can file a motion to enforce the orders. The court may impose penalties or require corrective action.

If you’re considering a legal separation or divorce, the experienced attorneys at Plog & Stein P.C. can help you navigate your options. Call or contact us today to get the guidance you need.

Table of Contents

1. What Does Legal Separation Mean in Colorado?
2. Legal Separation vs. Divorce: What’s the Difference?
3. What Does It Mean to Be Legally Separated?
4. Deciding Between Legal Separation and Divorce
5. The Legal Process for Separation in Colorado
6. Make the Right Choice for Your Marriage with Plog & Stein P.C.

What Does Legal Separation Mean in Colorado?

Legal separation is a formal process that allows a married couple to live apart without ending the marriage. In Colorado, this process involves the court, similar to divorce. However, unlike divorce, legal separation does not terminate the marriage. The couple remains legally married, but they live separate lives. The court will issue orders about issues like property division, child custody, and spousal support, just like in divorce.

Legal separation can be a good option for couples who need time apart to figure out their next steps. It also provides legal protection for both spouses when they live separately. Some couples choose legal separation for personal or religious reasons, while others see it as a trial period before deciding on divorce.

Legal Separation vs. Divorce: What’s the Difference?

You might wonder about the differences between divorce and separation. The biggest difference is that divorce ends the marriage, while legal separation does not. After a divorce, you are free to remarry, but with legal separation, you remain married and cannot remarry unless you get divorced later.

Another key difference between legal separation and divorce is the emotional impact. Divorce is final and permanent. Legal separation allows couples to keep the door open for possible reconciliation. For some, this flexibility can make the separation process feel less overwhelming.

What Does It Mean to Be Legally Separated?

Being legally separated in Colorado means that, although you are still married, your life is separate from your spouse’s in reality and in the eyes of the law. You don’t live together, and your financial and parental responsibilities are divided, just as they would be in a divorce. You may have a court order that outlines who lives where, who pays what bills, and how time with your children is split.

One benefit of legal separation is that it allows you to maintain certain rights. For example, you may still be able to remain on your spouse’s health insurance plan or file joint taxes, which can provide financial benefits.

Deciding Between Legal Separation and Divorce

Choosing between legal separation and divorce depends on your personal situation. If you’re unsure about ending your marriage but need to live apart, legal separation might be the right choice. It gives you time to think and work out your issues without closing the door on the possibility of reconciliation.

However, if you know your marriage is over and you want to move on with your life, divorce might be the better option. Divorce is a more permanent solution, allowing both spouses to start fresh. If you’re ready to remarry or want a clear and final end to your marriage, divorce is the only way to achieve that.

The Legal Process for Separation in Colorado

To get a legal separation in Colorado, you must file a petition with the court. The process is similar to getting a divorce. You’ll need to work out arrangements for property division, custody of children, and financial support. The court will review your separation agreement and issue a decree of legal separation if it approves the agreement.

This process can be straightforward if both spouses agree on the terms. However, if there are disagreements, the process can be more complicated, requiring court intervention to settle disputes.

The Colorado Judicial Branch offers a helpful guide on legal separation and divorce. In addition, having an attorney by your side ensures that your circumstances are fully addressed and your rights are protected.

Make the Right Choice for Your Marriage with Plog & Stein P.C.

Deciding between legal separation and divorce can be one of the toughest decisions you’ll make, especially when unsure of what is best for your future. We hope that this overview of what legal separation is and how it can impact your life will help in this challenging decision.

At Plog & Stein P.C., you can rest assured that with over 50 years of combined experience, we’ve likely handled cases similar to yours before. This experience allows us to offer skilled representation both in and out of the courtroom, ensuring your specific needs and goals are met. We provide competitive retainer rates and flexible hourly services, tailoring our legal strategies to fit your unique situation. For those who don’t need full representation, we also offer advisory sessions.

If you’re curious how legal separation might fit your situation, we are here to help. Our experienced attorneys are ready to guide you through this difficult time and help you make the right decision for yourself and for your family. Don’t delay—contact Plog & Stein P.C. today to take control of your future.

In a Colorado divorce case, there are various issues that may need to be dealt with, both of a financial and child-related nature. Those issues may include division of marital property, spousal support (“maintenance”), child custody and visitation, and child support. Though the jurisdictional requirement to file for divorce in Denver is that one or both of the parties has been domiciled in Colorado for 91 days or more, there are jurisdictional considerations that need to be assessed for each and every one of the divorce topics which might arise.

As relates to financial matters, the first part of the assessment when filing is to determine whether Colorado has personal or “in personam” jurisdiction over the other party. Under Constitutional Law doctrines and notions of due process, for Colorado to be able to affect a person’s finances the state must have personal jurisdiction over them. There must be a connection between the person and Colorado for there to be jurisdiction over them such that there is at least minimal contact between them and the state. Not all divorce cases entail two people living in the state and it is not uncommon for one spouse to live in another state. If both parties reside in Colorado, jurisdiction over both is obvious or readily apparent. If one party lives out of state, Colorado may have jurisdiction over that spouse under certain circumstances.

• If Colorado was the state in which the parties last resided together, but one party moves away, Colorado has jurisdiction over the moving party under its “long arm statute,” C.R.S.13-1-124. Under this concept, the state maintains jurisdiction over the person despite them moving away, so long as the other spouse remains here, and can reach out its “long arm” to take hold of them in a jurisdictional sense in the event of a divorce.
• Jurisdiction in a divorce case can be exercised over a party not residing in Colorado if they can be personally served with the petition and summons for divorce while in Colorado. The exception to this rule would be if that person is in Colorado to challenge that jurisdiction or for other legal proceedings not initiated by them.
• If the out-of-state spouse owns real estate in Colorado they are subject to the state’s jurisdiction in a divorce.
• If the out-of-state person regularly conducts business in Colorado, thereby benefitting from our rules, regulations, and protections, they may also be subject to Colorado’s jurisdiction in a divorce.
• If the spouse residing in Colorado is there at the direction of the out-of-state party or as a direct result of their overt actions, there is also an argument that Colorado has jurisdiction over them, at least as to issues of alimony and child support.

As relates to child custody matters, whether alone or as part of a divorce case, Colorado’s jurisdiction is established tied into the child, not the parents. For Colorado to exercise jurisdiction over a child in a new allocation of parental responsibilities case, the child must have resided in Colorado for a period of 6 months or more (182 days). This rules derive from the Uniform Child Custody Jurisdiction and Enforcement Act, C.R.S. 14-13-101, which deals with interstate jurisdiction issues and child custody. The 6 months rule is the underlying core of the UCCJEA as relates to filing of new cases. However, there are exceptions set forth in the statute for children under 6 months of age, temporary absences from the state, and when emergencies exist which may give Colorado reason to exercise temporary emergency jurisdiction until things can be addressed, in a long term sense, in the proper state.

Once child custody orders have been entered, the issuing state maintains exclusive and continuing jurisdiction over the child and custody/visitation matters unless there has been a change in circumstances. If a child and parent have been in Colorado for 6 months or more, though orders were entered in another state, the parties can register the “foreign custody determination” in Colorado for enforcement purposes. If the child and a parent have been in Colorado for 6 months or more and neither parent continues to reside in the issuing state, Colorado can also exercise jurisdiction for purposes of modifying parenting time and decision making, once the out-of-state orders have been registered here for modification purposes. Parties to a Colorado child custody case can also motion the court to have Colorado divest itself of child custody jurisdiction if the child has been gone for a significant amount of time, such that there is no longer a meaningful connection between the child and the state.

Jurisdictional issues can get complex and tricky. When there is an out-of-state component to your case, it’s best to consult with a family law attorney prior to embarking on a course of action related to your divorce, custody, or child support issues.

By: Stephen J. Plog

As with most areas of the law, family law statutes and the cases interpreting them are not always clear. When ambiguity exists, attorneys and judges can be left wondering what the right outcome of the given issue may be. In many instances, the state legislature or judiciary does what it can to clear up ambiguities or fill gaps in statute. In 2021, the Colorado Legislature provided clarity related to the issue of whether certain orders could be modified while an appeal to the Colorado Court of Appeals or Supreme Court is pending. The specific clarification and statutory change came in the form of adoption of Colorado House Bill 21-1031. While this may not matter in most cases, some divorce or child custody case orders may ultimately be appealed. Appeals can take a year, or years, before they are decided. Prior to adoption of HB 21-1031, a person needing to modify their child support or parenting time orders might have been stuck in limbo, with the trial courts unable to make modifications until the appeal had concluded. That has now changed regarding certain family law orders.

In early 2020, the Colorado Supreme Court handed down a decision in a case, In re: the Parental Responsibilities Concerning W.C., which essentially indicated that a parent could not file a motion to modify parenting time or decision-making while an appeal was pending. Specifically, the decision indicated that the district court (trial court) did not retain jurisdiction for modifications during an appeal. In response to this ruling, HB 21-1031 was put forth, with the goal of filling this gap.

As a Denver divorce attorney, this all matters. When final orders regarding support or custody are entered by a judge, either side has the right to file an appeal, which is generally going to be based on alleged judicial error. The first stop in the appellate process is the Court of Appeals and getting a final ruling can take a year or more. From there, if one party is unhappy with the COA ruling, they could then appeal a level up, to the Supreme Court. If this happens, you can add at least another year to the process.

In family law cases, orders regarding parenting time and custody, child support, or alimony (maintenance) can be modified, pursuant to statute. Child support or maintenance modifications can be sought based on changed circumstances, such as a job loss or significant changes in income. Parenting time modifications can be sought for an array of reasons, including in instances of an emergency regarding a child and their safety. Prior to the adoption of HB 21-1031, parents or litigants with real life child-related or financial needs would have been forced to potentially wait years to get the relief they needed from the family law court. Fortunately, that has now changed.

HB-1031 was codified into various, relevant family law statutes. Specifically, C.R.S. 14-10-122, which deals with modification of child support and maintenance, now specifies that the district court retains modification jurisdiction while an appeal is pending. Likewise, C.R.S. 14-10-129, the statute dealing with modifications of parenting time, and C.R.S. 14-10-131, the statute dealing with modifying decision-making orders, both contain new, similar language. The change has also been added to various juvenile statutes and statutes regarding interstate custody matters under the Uniform Child Custody Jurisdiction and Enforcement Act. With these changes, the wheels of justice can continue to roll despite the pending appeal.

On a nerdy, intellectual note, while the changes are good and absolutely allow for the district courts to modify orders as needed, I can envision situations in which future confusion can arise. For example, in instances in which a modified order is entered while an appeal is pending, and the original order is subsequently overturned or reversed on appeal, what impact will there be on the modified order? Will there be any connection at all? If a modification is entered which then satisfies the appealing party’s concerns, was the appeal worth it in the first place? Again, the types of situations in which this scenario would apply or in which HB 21-1031 would matter are few and far between. Nonetheless, to this family law practitioner, having clarity and allowing people to address their family law issues while an appeal is pending does matters.

By: Stephen J. Plog

Do not let anxiety, apprehension, or the fear of the unknown subtract from your first meeting with your family law attorney. Thought and careful preparation will allow both you and your attorney to gain the most positive results from your first consultation.

Family law is more than divorce. Family law may involve any of the following:

• Child custody;
• Divorce;
• Child support;
• Protection orders;
• Enforcement of orders; and
• Other family-related matters.

Anticipate Your Attorney’s Questions and Your Own Questions

Before sitting down with a family lawyer regarding any of the above, sit and anticipate your attorney’s questions as well as your own as they relate to:

• Your priorities and goals. What do you want out of your case? Your attorney can turn your top priorities and objectives into legal issues and strategies to make them a legal reality;
• Your past problems and how you arrived where you are now. This will help keep you focused and allow your attorney to get to know you better, and where you are coming from;
• What you believe the other party wants out of the action. What will the other party be willing to negotiate or bargain with or about? Or are they hostile as to all suggestions?;
• Will the other party come to the negotiating table to talk at all? Or is this a case that a judge will need to rule on every issue?;
• Does the other party already have an attorney? What is that attorney’s name, address, and phone number?;
• Were you already served with court documents and a summons from an attorney? There are time limits to answer legal documents, and your attorney needs these right away; and
• Are there any previous legal agreements? If so, your attorney must know and file to modify these agreements.

The following questions and issues are somewhat specific to martial actions and those about children, support, and visitation:

• What are your occupation and income? What about the other party? This is necessary for spousal maintenance and alimony as well as child support;
• What are your significant marital assets and debts (for a matrimonial action)? There is an equitable division of all marital assets and debts in a final Colorado divorce;
• Who lives in the marital home? This is especially important when there are children in the marital home;
• Are there previous prenuptial, legal separation, divorce, or child visitation and support agreements? Any prior legal agreement can have a profound effect on your current case; and
• Do you have any proposals about child support, visitation, or child custody cases? When couples cannot make their own best decisions about child-related matters, the court will step in to do so.

It’s not always necessary to bring financial documents, including pay stubs, credit card bills and tax returns to your first consultation with a family law attorney. The family law attorneys of Plog & Stein, P.C. suggest asking your family lawyer whether or not this information needs to be presented during the initial consultation. In most situations financial documents are not needed until later in the process. If you have relevant court documents certainly bring those.

Be Honest With Yourself and Your Family Law Attorney

Be honest with yourself and your attorney when defining your goals and needs. Ask the Family Law or divorce lawyers about fees and the potential cost of the case. Take notes during your meeting and afterward, and bring any questions to your follow-up appointment.

Tell your family law and divorce attorney anything you think might be relevant. Only then can they offer their best legal advice and represent you to their fullest potential. Your attorney will be able to quickly tell you what facts might matter and what might not. In many cases, detail matters. As such, if you think it might matter, mention it.

If you need an experienced family law attorney in the Denver area, contact Plog & Stein, P.C. Serving Denver for over 20 years, Plog & Stein, P.C. is a full-service family law firm focusing on strategic solutions to even the most complex cases. Read our feature in Attorney at Law Magazine to learn more about our firm today.

Issue of establishing paternity are something I have seen in child custody, divorce, and separate paternity or child support actions. Most people have the belief that a child’s legal paternity is the same as their biological paternity, except in cases of adoption; however, that is not always the case. Legal paternity is determined by the decision of the court, if there are disputes as to the child’s paternity. The way the court determines legal paternity is based on consideration of presumptions of paternity. Pursuant to statute, C.R.S. 19-4-105, a man is presumed to be the natural father of a child in certain circumstances, including:

• The man and the child’s natural mother are or have been, married to one another and the child was born during the marriage, or within 300 days after the marriage is terminated by death, annulment, invalidity of marriage, divorce, or decree of legal separation.
• Before the birth of the child, the man and child’s natural mother attempted to marry in apparent compliance with the law, even if there is a chance the marriage could be declared invalid and the child is born during the attempted marriage or within 300 days of its termination or termination of cohabitation.
• After the child’s birth the man and the child’s natural mother married, or attempted to marry each other and he acknowledge his paternity of the child in a writing filed with the court or registrar of vital statistics, he is named as the father on the birth certificate with his consent, or he is obligated to support the child under a written voluntary promise or by court or administrative order.
• While the child is under the age of 18, the man receives the child into his home and openly holds him out as his natural child.
• He acknowledges paternity of the child in a writing filed with the court or registrar of vital statistics, with prompt notification to the child’s natural mother, and without dispute from the child’s natural mother within a reasonable time; or
• Genetic tests show the man is not excluded as the probable father and that the probability of his parentage is 97% or higher.

Other Factors That Determine Paternity

Thus, as it can be seen, genetic testing showing a child is a man’s biological child is only one presumption of paternity, it is not necessarily the determining factor. If there are two or more conflicting presumptions of paternity, the court determines legal paternity based on the weightier considerations of policy and logic. In making such determination, the law sets forth that the court is to consider “all pertinent factors,” which can include (but are not only limited) to:

• The length of time between the proceeding to determine paternity and when the presumed father was put on notice that he may not be the genetic father;
• How long the presumed father has acted in the role of father to the child;
• The facts around the presumed father’s discovery of his possible non-paternity;
• The child’s relationship with the presumed father and vice versa;
• The child’s age;
• The relationship, if any, the child has with any of the fathers or presumed fathers;
• The extent of the passage of time reducing the chances to establish the paternity, and a child support obligation, of another man;
• Any other factors that may arise from the disruption of the father-child relationship or the chance of other harm to the child.

While it may still seem obvious that the “weightier considerations of policy and logic” should find the biological father to be the legal father, it is not that simple. As is clear from the factors above, part of the court’s consideration is what effect the determination will have on the minor child, and the court strives to act, and decide, in the child’s best interest. In fact, the Colorado Supreme Court has even stated that “a question of paternity is not automatically resolved by biological testing, but rather calls upon the courts to consider the best interest of the child in analyzing policy and logic as directed by the statute.” See N.A.H. & A.H. v. S.L.S., 9 P.3d 354. Thus, it is not as clear cut as solely relying on biological testing. For cases where there was a child born of the marriage, but a father later learns he was not the biological father, or for men that have held themselves out as the child’s father and raised them as their own, only to later learn they are not the biological father, that is not the end of the inquiry. Those men may still be deemed the legal father of the child, with all associated rights and parental responsibilities, even if another man is the biological father.

As a Denver family law lawyer, it is my advice that people assert their rights early, including requesting testing if they have a shadow of a doubt as to whether they are the child’s biological father. Conversely, a prospective father should not wait too long to seek to establish paternity if they believe a child is theirs.

In any family case, so much focus is put on going through your case and getting to the final orders, but what happens when you get an order and you aren’t happy? This article lays out your option when you get an order from the court that you do not agree with.

The first step is making sure you have a written, signed order. Nothing can be filed regarding changing the order until it is put in writing and signed by the judicial officer. While this may seem fairly obvious, there are circumstances that can occur that lead people to forget this first step. For example, often at the end of a hearing the court will simply enter an oral ruling and, if you are not happy with that ruling, it is easy to want to jump to the next step to seek relief from that order. But until the oral ruling is reduced to writing and signed by the judicial officer, it is premature to file any documents seeking relief. Another issue to be aware of is the effect of a minute order. During court proceedings it is common for the court clerk to be typing a record of the proceedings, which is known as a minute order. If the judicial officer signs that minute order, that is sufficient to serve as a final written order to start the deadline for relief from that order. However, if the judicial officer does not sign the minute order, you still need a signed order before you can proceed to seek relief from the order.

The next step is to determine whether the order was issued by a magistrate or a judge because that impacts the process you follow to seek relief from the order. If the order was issued by a magistrate, in most instances the only procedure to seek relief from the order is to file a petition for review pursuant to C.R.M. Rule 7. You cannot ask a magistrate to reconsider their order, clarify their order, amend their order, etc. The petition for review is the only avenue for relief. Additionally, if you do not file a petition for review, you cannot file an appeal of the order to the appellate court. The petition for review is a prerequisite of being able to file an appeal. The petition for review must be filed 14 days from the date of the order if the parties are present when the order is entered, or 21 days from the date of the order if the order is mailed or otherwise transmitted to the parties. To clarify, if the court enters an oral ruling, but the written and signed order is issued later, and mailed or electronically submitted to the parties, that will still follow the 21 day deadline. You only follow the 14 day deadline if the court hands you the written and signed order in court.

The petition for review lays out the alleged errors you believe are in the magistrate’s order. Additionally, if you think errors occurred during trial (for example, you think the magistrate misunderstood evidence, made a finding of fact not presented in evidence, etc.) then you must submit the transcript with the petition for review. If you do not submit the transcript, the reviewing judge will assume the trial record supports the court’s order. If you are unable to get the transcript in time to submit with your petition for review, the best course of action is to file your petition for review and a motion for extension of time to submit the transcript, laying out your efforts to get the transcript and when you anticipate receiving such. After your petition for review is filed and served, the other party has 14 days to submit a brief in opposition to such. After both briefs are submitted, the issue is then presented to a reviewing judge who decides if the magistrate’s order should be upheld, rejected, modified, if more evidence should be taken, or if the matter should be sent back down to the magistrate for a new hearing. It should be notes that in some instances, tied into consent to a magistrate hearing permanent orders, the same post-order rules for seeking from a judge’s order will apply.

Generally, if your order is entered by a judge, you have two different options for relief. The first option is to ask the judge directly to clarify or amend their order, or to even hold a new hearing. This is a motion that can be filed under the Colorado Rules of Civil Procedure, Rule 59. It must be filed within 14 days of the date of the order. This option is good if you think the court made an error (for example, if they should have used $2,500 for a party’s income but transposed the numbers and used $5,200) or if you need clarification as to what the judge intended by their order. This motion basically gives the judge an opportunity to correct errors they made before the matter is taken to the appellate court (though you don’t have to file this type of motion before filing an appeal). However, keep in mind that you are asking the judge that made the order to change their order. Therefore, the motion should be worded artfully and persuasively in order to try to convince the judge they made an error. It is also probably not the best course of action when the judge’s order is clear, obviously what the intended, and you simply disagree with such. In those instances, it is unlikely the judge will overturn themselves, so the best course of action may likely be going straight to an appeal.

An appeal to the appellate court is the second option for relief from an order by a judge. However, in general, the appeal can only be filed regarding final orders. For example, if you get temporary orders in your case you would have to file a special kind of appeal, known as an interlocutory appeal, as you do not yet have a final order to take to the appellate court. An appeal generally has to be filed within 49 days of the date of the court’s final order. However, if a Rule 59 motion (see above paragraph) has been filed, that tolls the timeline for the filing of an appeal until the court rules on such or, if the court has not ruled within 63 days of the date the motion is filed, it is considered denied and the clock for the filing of an family law appeal starts to toll again. For further detail regarding the appellate procedure, please see prior blog posts.

Thus, prior to seeking relief from any order, it is very important to make sure you have a final, written and signed order, and that you know the proper procedure for relief from a judge’s order versus a magistrate’s order because filing the wrong pleading could cost you the ability to seek relief from the order.

Of course, I cannot tell those stories due to the oath of confidentiality taken at the outset of my career. Perhaps one of the most bizarre things I have seen as an attorney is when one party fails to show for their final divorce hearing.

Fortunately, I cannot recall one instance in which this has happened to one of my clients. I have taken plenty of calls from potential clients calling after they’ve missed their hearing.

The vast majority of the time they are calling when it’s frankly too late to fix things. The idea for this article flows from my reading a recent article online in which a used-to-be famous Hollywood star failed to show for his divorce hearing.

If you have questions, or would like to speak with an experienced family law attorney in Colorado. Plog & Stein are located in both Denver and Greenwood Village. Contact us today to get started.

Table of Contents

1. Failing to Show Up Can Lead to a Default Order
2. Multiple Warnings Often Precede Your Final Hearing
3. If You Miss Your Hearing, Act Immediately
4. Valid Reasons May Lead to Hearing Relief
5. Final Hearing Is Your Last Chance to Be Heard
6. Don’t Wait, Timely Action Is Critical
7. Contact a Colorado Family Law Attorney Immediately

Failing to Show Up Can Lead to a Default Order

In some of these calls, there seems to be this misperception held by some people that if they fail to show up, the court is somehow going to be looking out for them or going to be “fair.”

Or that the other side is going to go into the final hearing and ask for whatever their most recent settlement offer was. Sadly, it just doesn’t work that way. Firstly, pursuant to Colorado Rules of Civil Procedure Rule 55, a court can enter orders in default if a party fails to show up to court, or to take part in the process.

However, missing one’s final divorce or child custody hearing takes not reading multiple documents warning a party that failure to show up may lead to adverse, default orders being entered against them.

Multiple Warnings Often Precede Your Final Hearing

These warnings start at the outset of each case when the parties receive the court’s Case Management Order. In most Denver area court, the Case Management Order has language somewhere indicating that failure to show or take part may result in default orders being entered. Yet people fail to heed the warning.

Along the way, there are generally also going to be various status conferences and, at some, the court or court facilitator may remind people, particularly when discussing the setting of hearings, that failure to show can lead to dire consequences.

Yet people fail to heed the warning. Prior to most contested hearings, a written notice is sent out by one of the attorneys, or the court, informing people of the day, time, courtroom, etc. for their final hearing. When notice is sent out by the court, it might even contain a further warning. Yet people might also fail to heed that warning.

If You Miss Your Hearing, Act Immediately

So you’ve failed to show up for your hearing, what can you do? Firstly, the moment you realize you’ve missed the hearing, you should contact a family law attorney to assess the situation. There can be plausible reasons for your failure to show, but they must be acted on in a timely manner.

Valid Reasons May Lead to Hearing Relief

The reality is, life happens. If you have an accident on the way to court, or a serious medical issue that arises such that you cannot notify the court prior to hearing, you need to take action. Whether under C.R.C.P. Rule 59 or Rule 60, to have the orders vacated, and the matter reset for another hearing.

You will need to plead a plausible reason for the failure to show and the lack of communication. You will also certainly need to provide proof. A call to the court division clerk as soon as possible also doesn’t hurt. In instances where a true emergency prevented your presence, most judges are going to try to be fair.

There may also be other reasons for your failure to appear also warranting relief under either of those rules. For example, I have seen instance in which people were not given proper notice. Under the U.S. Constitution, due process requires adequate notice. As such, it is required that written notice be sent out prior to a hearing. If you can prove not notice was sent, the court will likely vacate and reset.

Again, you need to act quickly upon learning of the hearing transpiring without you. It should also be noted that you have a duty to keep the court and the other party informed of your address.

Given the games people might play, you should always make sure to give the other party your mailing address, whether via email or text message, just in case they decide to list a prior address on the notice they send. Likewise, if the court has an old address and sends the notice of hearing, it may never get to you. If the wrong address is your fault, you may be out of luck.

Sometimes, people cannot make it to court because of work, a flight, or other reasons. They falsely assume that they can just call the clerk the day before to tell them they can’t be there or to ask to appear by phone. These things require written motions to be filed, and just presuming all is going to be okay with a phone call or message can lead to catastrophe.

Final Hearing Is Your Last Chance to Be Heard

Your final child custody or divorce hearing is your chance to state your desired outcome and to present evidence to support it. While some judges may order maintenance or child support by the guidelines, in your absence, other’s may just rubber stamp the figures the other side gives. Likewise, while some courts may make sure that the property division requested in default is fair, others may just rubber stamp it.

As relates to children, failing to appear could result in the other party ending up with sole parental responsibilities regarding the making of major decisions for your children. Or primary residential custody in a case where you had a good shot at getting equal time. All of these things can lead to lasting consequences.

Without a plausible reason for your failure to appear, you will likely not be able to undo that final order dividing marital property. To change spousal support or child support, you don’t just get to go in and say the figures were wrong.

You will have to show a change in circumstances from those at the time of the final hearing. To undo decision-making orders, or to change primary custody, you may have to show emotional or physical endangerment. The burdens of proof and legal standard would have been much lower had you just shown up.

Don’t Wait, Timely Action Is Critical

Again, in some cases, you may be able to undo the damage caused by your not being there. In those with no good excuse, or just excuses, you may be stuck living with the consequences for years to come, perhaps never being able to rectify things. Do yourself a favor and make sure to make it to court. If something legitimate happens which warrants your failure to appear, act quickly. Don’t wait weeks, months, or years (all of which I have seen). Time to act is not on your side.

Contact a Colorado Family Law Attorney Immediately

Missing a court hearing in your divorce or custody case can have serious consequences, but you may still have options. The sooner you act, the more likely it is that you can protect your rights and limit the damage.

At Plog & Stein, P.C., our experienced family law attorneys can evaluate your situation, explain your remedies, and help you take the right steps forward. Contact us today to discuss your case and get the guidance you need.

By: Jessica A. Saldin

A prior blog post of mine discussed recent, and upcoming, changes to the child support statute and its potential impact on Colorado family law cases. This blog post will discuss additional changes that I believe still need to be made by the Colorado Legislature to our family law statutes, for both clarity and consistency.

First, one glaring needed change regards voluntary unemployment considerations. Prior to the recent child support statutes, a parent could not be considered voluntarily unemployed or underemployed if they were caring for a child of the parties under the age of 30 months. However, one of the recent changes to the child support law was to change that age to 24 months. The maintenance statute has not been similarly changed. This could lead to disparate results in cases that involve both maintenance and child support. For example, if a parent is not working because they are caring for a 27 month old child, that parent could be imputed income for the calculation of child support, but would still not be imputed income for the calculation of maintenance. It is unclear whether this disparity was the intention of the legislature or simply an oversight. However, it is my opinion that it was likely an oversight that will be rectified. The child support statute basically indicates the legislature does not believe it is equitable for a parent to pay increased child support due to the other parent’s unemployed if the parties’ child is older than 2 years. It seems unlikely that the legislature would still find it equitable for a parent to pay increased spousal support (supporting the other parent, more than the child) when it is not equitable to pay increased child support under the same circumstances.

Another issue that needs clarification is the allocation of the first $250 per child per year in uninsured medical expenses. The statute mandates that extraordinary medical expenses be divided between the parties in proportion to their incomes. Extraordinary medical expenses are defined as medical expenses, not covered by insurance, greater than $250 per child per year. However, the statute does not define or allocate responsibility for the first $250 in uninsured medical expenses per child per year. It is standard practice for the court to allocate responsibility for the first $250 to the parent receiving child support. In circumstances where the parties share 50/50 parenting time and there is little to no child support, it is also common for the court to divide the first $250 between the parties as well. However, none of this is defined in the statute. The child support statute was amended so that, beginning in 2020, mandatory school fees are divided between the parties. Therefore, it seems clear that the first $250 of uninsured medical expenses is another area that needs to be added/more clearly defined.

An additional area that could use some clarity is not a financial area. Parties to Colorado custody cases could benefit from clarification as to the enforcement of decision making responsibility and/or other parenting plan orders. Decision making responsibility is one component of what now comprises the allocation of parental responsibilities (formerly known as “custody”). Decision making responsibility allocates who makes major decisions for the minor child- whether it is mother, father or both. Major decisions fall into the categories of education, non-emergency medical, religious and extracurricular activity decisions. If there is joint decision making responsibility that means the parties have to agree before they can proceed with any given decision. However, there are instances where one parent will still make a unilateral decision, in violation of the order. Typically, if a court order is violated, the way to enforce such order is by filing a contempt action. However, contempt actions are limited because they only allow a court to remedy a violation, or simply enter sanctions because a person’s actions were so offensive to the court. Sometimes those options do not fully resolve a custody case.

This could be why C.R.S. 14-10-129.5 was instituted. This statute offers parties a separate law under which to seek remedies if a parenting time order is violated. The benefit of filing an enforcement action under this statute, instead of a contempt action, is that it allows the court to enter far more orders- including an order imposing additional terms and conditions on the prior order, an order modifying the prior order, an order requiring the parties to attend a parental education program, an order for family counseling, an order requiring the violating part to post a bond to secure future compliance, and any other order that may promote the best interest of the child, among other things. The downside is that this statute is specifically tailored to parenting time violations. If a parent violates a decision making order there is not a comparable statute. The parent seeking to enforce the allocation of decision making responsibility only has contempt available to them. Unfortunately, contempt does not always suit the situation. For example, if a party gets braces for the child without the other parties’ consent it may not benefit the child to have the braces then removed but that may be the only way to remedy the violation through contempt. Additionally, beyond decision making responsibility and parenting time, there are other orders that often need to be enforced for which contempt is not sufficient. For example, if the parties’ parenting plan states that neither party shall influence the child negatively against the other parent, and one parent gets knowledge that the other parent spoke negatively about them to the child, a contempt action would basically only allow the court to tell the parent to make sure that does not happen again (or issue a fine or jail sentence if their behavior was so offensive to the court). If a court could enter the remedies available in C.R.S. 14-10-129.5, though, they would have significantly more authority to enforce the orders in the best interest of the child. Therefore, it may be beneficial to expand C.R.S. 14-10-129.5 to any violations of a custody order.

A little clarity or shoring up of statutory gaps could go a long way in making things easier for both Denver family law lawyers and the clients we represent.

By: Plog & Stein PC

If you have ever called a law office seeking legal services in a pending case, you were probably asked whether anything was set with the court and, if so, what was set. This information is crucial because what one can expect and what one needs to do in order to be prepared for a setting with the court depends upon what type of setting it is. In family law court, there are generally five major types of settings. Each is explained below.

Status Conferences

Status conferences differ from hearings in the sense that the court typically is not taking evidence at a status conference. The types of orders that are issued after a status conference are generally procedural in nature or to the extent they are substantive, they reflect stipulations of the parties. Status conferences are set routinely: at the beginning of a new case, in order to oversee the implementation of some orders, to ensure parties are ready for a hearing and at the request of the parties. Holding a status conference is a way for the court to manage and oversee the case. The most common type of status conference is an initial status conference.

Initial status conferences (ISCs) are held early in a newly filed domestic relations case. The initial status conference can be overseen by a judge, a magistrate or a family court facilitator depending upon the court and whether parties are represented by attorneys. Where the location of the ISC is will help you to determine who is presiding over the ISC. At the ISC the court will determine what is needed to get your particular case from that day to final resolution. The court will set deadlines and hearings as the court deems necessary based upon the circumstances of the case. You should bring a calendar to the ISC to clear proposed hearing dates. The ISC is not a time to make your case to the court. However, it can be a time to let the court know that there is an urgent matter that needs attention. The court can then deal with the matter appropriately by either instructing you to file a motion or to set a hearing.

Temporary Orders Hearings

Temporary orders refer to orders that will be in place from the time of filing a petition or motion until resolution of the case. Temporary orders are requested at the initial status conference or by motion to the court. Temporary orders hearings are contested hearings that are usually set for 1 to 3 hours. Temporary Orders Hearings can be presided over by a judge or magistrate depending upon the subject matter and the court. The court will take testimony and admit evidence at the hearing. Parties can ask for temporary orders for maintenance, child support, exclusive use of property, payment of bills or debts, parenting time and decision making. What is decided at a temporary orders hearing does not have to be the same as what will be entered at a final or permanent orders hearing.

Permanent Orders Hearings

Permanent order hearings refer to hearings that are held to resolve the ultimate issues in the pending petition for dissolution of marriage or allocation of parental responsibilities. These are contested hearings at which the court will hear testimony and take evidence. They are typically set for a half day, full-day or sometimes even two days. These hearings are presided over by the Judge.

Non-Contested Hearings

A non-contested hearing is a hearing that the court may set when parties have filed a stipulated parenting plan and/or separation agreement resolving all the pending issues between them. The court does this to take jurisdictional information from the parties needed to enter the orders and to ensure that both parties have entered into their agreements freely and voluntarily.

Emergency Hearings

Emergency hearings refer to protection orders and motions to restrict parenting time. Because a party can get an order that restricts the other party based upon alleged danger in an ex-parte (one party talking to the court without the other party) proceeding, the court is required to hold a hearing within 14 days of the issuance of such an ex-parte order. There is often less notice and time to prepare for these hearings. However, they are still hearings at which the court will take testimony and exhibits as evidence.

Other types of hearings

There are other types of hearings that the court can set under various scenarios, including motions hearings (to resolve post-decree motions), contempt advisements/hearings and preliminary hearings (to determine pre-requisite matters such as whether ra party has capacity to participate in a hearing, whether there was a common law marriage, and whether certain evidence should be allowed). Essentially, the court could hold a hearing on any matter that may arise in a divorce, child custody, or other family law case. They key thing is to ensure you know what the subject of the hearing will be long before you show up.

By: Sarah T. McCain

When you start a family case, the first document that you will receive from the court is called the Case Management Order. This order often includes a Notice of Initial Status Conference. After working in this field for many years, I continue to be surprised by the number of individuals who simply receive these documents and set them aside, without even bothering to read them. Both documents provide important information that could be vital to ensuring that your case gets off on the right foot. Failing to review and follow the CMO can potentially lead to negative results in your case.

First, the NOISC that you receive either provides a date in which you will meet with the court for the very first time or it provides the information on how to go about scheduling this very first meeting. This Initial Status Conference is required as part of the case, pursuant to statute, and it can only be vacated under very specific circumstances, such as when the correct document (a Stipulated Case Management Plan) is filed to let the court know that this conference is not necessary. However, in most cases you will need to attend this conference.

Now, in the days leading up to a scheduled Initial Status Conference, I often receive a call from my client inquiring about what exactly will take place at this conference. I believe informing the client as to the specifics of the Initial Status Conference is important, as people naturally become anxious when they don’t know what to expect. The conference can take place either in front of the judge who will hear your case or in front of a quasi-judicial officer called a family court facilitator. The initial conferences generally only last from 10 – 15 minutes and no matter who you are in front of, the same topics will be addressed. As noted in the section below concerning the Case Management Order, the court wants to know what is going on in the case and what they can expect to happen moving forward. You should be prepared to tell the court if you have completed your sworn financial statement and provided your required financial disclosures. If there are minor children, you should also be prepared to let the court know if you have attended or at least scheduled your parenting class. Once those basics are dispensed with, the court will likely inquire into whether a Child and Family Investigator or other child custody expert is necessary. Letting the court know if an expert in this realm or any other type of expert is anticipated or even a possibility is important to giving the court an idea of how complex or lengthy your case might be. These types of issues tie into scheduling future events.

In some family law cases, the court may be able to address immediate issues, such as resolving an interim parenting time dispute. This can only take place if you are appearing in front of the judge. A court facilitator will not be able to take such action. The court may also remind the parties that they are under C.R.S. 14-10-107 regarding the temporary injunctions or that they would like to see the financial status quo remain in place. However, the court will likely not address any other financial issues during the ISC because oftentimes financial disclosures have not yet been exchanged, thereby limiting the court’s ability to make any findings. The court does have the ability to schedule the parties for a Temporary Orders hearing to address interim issues. Be prepared to attend mediation prior to appearing at that Temporary Orders hearing. One of the most important things to remember about this very first court appearance is that while it is at court and could be in front of the judge, there is no testimony taken at this appearance and no exhibits are provided. It is a conference, not a full-blown hearing.

Secondly, the other document that the court initially provides upon your filing is the Case Management Order. This document provides very important information including information about mediation, scheduling of hearings, sometimes procedure for hearings, deadlines, necessary documents for trial or settlement, and more. The CMO will also contain language regarding the mandatory parenting class and where to sign up. Additionally, the CMO may contain information on things such as not bringing your children to court or resources for victims of domestic violence. Many CMO’s also contain information from basics, such as not bringing children to court, to more detailed information about seeking assistance if you are a victim of domestic violence. In essence, the CMO is a good primer on the court process so you know what you can expect moving forward in terms of additional steps and requirements.

These first parts of any family law case are very important to setting up your domestic case in the right way, including making the right impression on the court right out of the gate. Make sure you review anything you receive from the court and educate yourself on the process. If you have a Denver family law lawyer, keep in mind he or she will also be abreast of the terms of the Case Management Order and should guide you in terms of your obligation. Of course, they will also be able to answer any questions you may have.

By: Stephen J. Plog

Having spoken with thousands of people over the years regarding their Colorado divorce and child custody cases, one common topic of discussion is that of evidence, within the context of what can or cannot be used in court. There are many common misbeliefs about what is good evidence, meaning something the court can accept and use for purposes of formulating its ruling. For example, sometimes people ask whether it would help for them to have friends or other third persons write letters, whether attesting to an event they’ve witnessed or perhaps as to someone’s “character.” Each time this is asked, I am compelled to let people know that letters from third persons are not going to be helpful (generally) and are going to be considered inadmissible hearsay. The second part of my response is always going to be that we will need the potential letter writer to attend court to testify. The Colorado Rules of Evidence dictate what is or is not going to be admissible evidence in a divorce or child custody case. In this blog post, I will attempt to give a basic tutorial regarding what will or won’t be admitted.

1. Statements of Third Parties:

In a general sense, statements made by a third person are going to be considered “hearsay” and they will not be admitted by the judge hearing your cases, absent a statutory exception. This includes statements made by your child, when dealing with issues of child custody or parenting time. This includes letters written by a third party, as mentioned above. However, there are certain exceptions to this general rule. Statements of the other party are going to be admissible. Statements of a third person, such as your child may be admissible as an “excited utterance,” meaning the statement was made while still under the effect or influence of a certain event. Sometimes, business records may be admissible under what is called the “business records exception” to the hearsay rule, as relates to records kept in the normal course of business. It should also be noted that in cases in which there is an expert, such as a child and family investigator, statements made by a child to the CFI, or perhaps letters submitted by those third persons as to character, parenting, or other matters, may also be admitted if they were part of the body of evidence leading to the expert’s report. Unless statements of third persons fall within one of the exceptions to the hearsay rule, steps will need to be taken to ensure they are admitted in court. This can include your attorney subpoenaing witnesses or documents. It can include you and your attorney making sure experts, such as a CFI, are provided any statements or documents to consider. Finally, it should be noted that settlement communications, including from mediation, are not admissible. Your Denver divorce attorney should know the rules of evidence as relate to third party statements and will use that knowledge to assess admissibility, including looking strategically at how to get evidence before the judge.

2. Documents and Other Tangible Evidence:

In the previous paragraph, I discussed documents, such as letters from third persons. Documents and other tangible evidence come in many forms. Some types of documents are implicitly admissible in your divorce or child custody case. This includes court pleadings filed by either party, such as the petition, motions, orders, or other items. It also includes C.R.C.P. 16.2 disclosure documents, such as pay stubs, tax returns, bank statements, and more, from either side. Likewise, discovery responses or documents submitted as part of the discovery process are likely going to be admissible. However, other documents may not be. A police report, though certainly kept in the normal course of business of law enforcement, is not going to be admissible without the police officer, the author present to testify as to the report. The same will hold true for most expert reports, such as a home appraisal or a financial expert hired by one of the parties. It would also hold true with letters written by an employer, whether as relates to termination of employment, performance, or otherwise. Thus, it’s imperative to make sure that police officer or home appraiser is under subpoena and compelled to attend your hearing.

Other items of tangible evidence which may be common in a family law case might include emails, photos, or text message printouts. Photos taken by a party will generally be admissible. Photos taken by a third person may require the photo taker to testify for authentication. Emails or text messages between the parties will generally be admissible. However, it should be noted that whole conversation chains should be provided, as some judges will exclude these types of communication documents as being incomplete if the whole conversation is not provided. Emails or texts with third persons will generally necessitate the author testifying.

When preparing for the hearing, or hearings, in your case, your job is to inform your Denver family lawyer regarding what documents or statements you may have or be aware of which might be helpful to you. If you think something have even a slight chance of helping, bring it up to your attorney. From there, he or she will make necessary assessments as to both relevance, strategy, and how to get that evidence admitted at hearing. A court hearing can be likened to telling a story (to the court), constrained by rules. If the rules are not complied with, the judge may never get to hear your full story.