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.
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 70 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.
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.
Resources:
- Colorado Judicial Branch, Allocation of Parental Responsibilities, link.
- Colorado Law Help, Temporary Restriction, link.
- Colorado Judicial Branch, How to Guide to Custody (APR) Cases, link.
- Colorado Judicial Branch, Temporary Orders’ Hearing Procedures, link.
- Colorado Judicial Branch, Motion for Temporary Orders Form (JDF 1106), link.
