In this series, the Andersen Law PC blog is spelling out the 12 steps of divorce one month at a time. The intent is to walk you through the process one simple step at a time. This month, we cover Step 8 of Divorce: temporary orders hearing.
(To see the process in a more personalized, real world context, follow the blogs on the Aingel and DeVille families. The Aingels relatively soaring through the process while the DeVilles crash and burn.)
To discuss your specific situation, call us at 720-922-3880 or email beth@andersenlawpc.com. We are happy to walk you through your own next steps and to answer questions in your complimentary initial phone or videoconference consult.
Here are the 12 steps of divorce we’ll walk through:
- serving and filing a petition for divorce
- responding to the petition
- sworn financial statement, disclosures, and parenting classes
- initial status conference
- discovery and depositions
- professionals: CFI, PRE, vocational evaluator, appraisals
- motions to compel and telephone conferences
- temporary orders hearing
- mediation
- parenting plans and separation agreements
- witnesses, pretrial deadlines and permanent orders
- QDROs and other post decree issues
Step 8: Temporary Orders Hearing
When divorcing parties cannot agree on urgent matters such as parenting time, financial support, who stays in the home, or how to cover pressing bills, a temporary orders hearing may be necessary. This type of hearing is designed to address immediate concerns that cannot wait until the permanent orders phase of the case.
What is a Temporary Orders Hearing?
A temporary orders hearing is a bench trial, meaning that, while there are various aspects similar to a jury trial — both parties may testify, call witnesses, submit exhibits, and cross-examine one another — there is no jury. Instead, the outcome of the hearing is decided by a judge or magistrate. A magistrate sits on the bench and, in Colorado, has authority to handle many family law matters, including temporary orders.
A temporary orders hearing is not automatic. It’s typically scheduled when negotiations break down and the parties cannot reach an agreement. If you and your ex are able to resolve issues like temporary spousal support or maintenance, parenting schedules and financial obligations through negotiation or mediation, a hearing may be unnecessary saving you both time and significant legal fees.
If a hearing is held, it’s important to understand what the court will and won’t consider. Colorado is a no-fault state, meaning that details like infidelity or emotional grievances are generally not relevant unless they relate directly to financial misconduct (such as spending marital funds on an affair) or affect parenting and the best interests of the children.
Temporary orders hearings are focused solely on needs that need to be met while the divorce process plays out. Courts expect parties to be prepared, submit required documents in advance, and use their time wisely. Procedural missteps such as missing deadlines, arriving late, or submitting excessive evidence or witnesses can result in sanctions or the exclusion of your evidence.
Whether you pursue temporary orders or negotiate a short-term agreement outside of court, this step is a crucial opportunity to stabilize your situation during the divorce process.
For a free consult on your divorce case, contact Andersen Law PC at 720-922-3880. You can also check out our related blog posts, YouTube videos, and sign up for our monthly newsletter. All of these are chock full of information that can help you navigate divorce and other family law issues.
