Colorado § 14-10-108 Temporary orders in a dissolution case

Colorado Statutes

§ 14-10-108 — Temporary orders in a dissolution case

Colorado·Title 14 Domestic·Art. Uniform Dissolution of Marriage Act

(1)In a proceeding for dissolution of marriage, legal separation, the allocation of parental responsibilities, or declaration of invalidity of marriage or a proceeding for disposition of property, maintenance, or support following dissolution of the marriage, either party may move for temporary payment of debts, use of property, maintenance, parental responsibilities, support of a child of the marriage entitled to support, or payment of attorney fees or licensed legal paraprofessional fees. The motion may be supported by an affidavit setting forth the factual basis for the motion and the amounts requested. (1.5) The court may consider the allocation of parental responsibilities in accordance with the best interests of the child, with particular reference to the factors specifie

Free access — add to your briefcase to read the full text and ask questions with AI

(1) In a proceeding for
dissolution of marriage, legal separation, the allocation of parental responsibilities,
or declaration of invalidity of marriage or a proceeding for disposition of property,
maintenance, or support following dissolution of the marriage, either party may
move for temporary payment of debts, use of property, maintenance, parental
responsibilities, support of a child of the marriage entitled to support, or payment
of attorney fees or licensed legal paraprofessional fees. The motion may be
supported by an affidavit setting forth the factual basis for the motion and the
amounts requested.

(1.5) The court may consider the allocation of parental responsibilities in
accordance with the best interests of the child, with particular reference to the
factors specified in section 14-10-124 (1.5).

(2) As a part of a motion of such temporary orders or by an independent
motion accompanied by an affidavit, either party may request the court to issue a
temporary order:

(a) Restraining any party from transferring, encumbering, concealing, or in
any way disposing of any property, except in the usual course of business or for the
necessities of life, and, if so restrained, requiring him to notify the moving party of
any proposed extraordinary expenditures and to account to the court for all
extraordinary expenditures made after the order is issued;

(b) Enjoining a party from molesting or disturbing the peace of the other
party or of any child;

(c) Excluding a party from the family home or from the home of the other
party upon a showing that physical or emotional harm would otherwise result.

(2.3) and (2.5) (Deleted by amendment, L. 2004, p. 553, � 4, effective July 1,
2004.)

(3) A party to an action filed pursuant to this article may seek, and the court
may issue, a temporary or permanent protection order pursuant to the provisions of
part 1 of article 14 of title 13, C.R.S.

(4) (Deleted by amendment, L. 2004, p. 553, � 4, effective July 1, 2004.)

(5) A temporary order or temporary injunction:

(a) Does not prejudice the rights of the parties or the child which are to be
adjudicated at subsequent hearings in the proceeding;

(b) May be revoked or modified prior to final decree on a showing by affidavit
of the facts necessary to revocation or modification of a final decree under section
14-10-122; and

(c) Terminates when the final decree is entered, unless continued by the
court for good cause to a date certain, or when the petition for dissolution or legal
separation is voluntarily dismissed.

(6) (Deleted by amendment, L. 2004, p. 553, � 4, effective July 1, 2004.)

(7) At the time a protection order is requested pursuant to part 1 of article 14
of title 13, the court shall inquire about, and the requesting party and the party's
attorney or licensed legal paraprofessional has an independent duty to disclose,
knowledge the party and the party's attorney or licensed legal paraprofessional
may have concerning the existence of any prior protection orders or restraining
orders of any court addressing in whole or in part the subject matter of the
requested protection order.

Colorado § 14-10-108 (Temporary orders in a dissolution case) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 71: R&RE, p. 522, � 1. C.R.S. 1963: � 46-1-8. L. 73: pp. 553, 555, �� 3, 12. L. 81: (6) added, p. 903, � 1, effective May 13. L. 83: (1) amended, p. 644, � 1, effective April 26; (1.5) added, p. 645, � 1, effective June 10. L. 87: (1.5) amended, p. 575, � 4, effective July 1. L. 94: (2.5) and (7) added and (3) amended, p. 2008, � 4, effective January 1, 1995. L. 98: (2.3) added and (3) amended, p. 245, � 4, effective April 13; (1) and (2.5) amended, p. 1396, � 37, effective February 1, 1999. L. 99: (2.3) amended, p. 501, � 4, effective July 1. L. 2000: (1.5) amended, p. 1844, � 24, effective August 2. L. 2003: (2.3), (2.5), (3), (6), and (7) amended, p. 1010, � 14, effective July 1. L. 2004: IP(2), (2.3), (2.5), (3), (4), (6), and (7) amended, p. 553, � 4, effective July 1. L. 2013: (3) and (7) amended, (HB 13-1259), ch. 218, p. 1016, � 17, effective July 1. L. 2024: (1) and (7) amended, (HB 24-1291), ch. 131, p. 468, � 11, effective August 7.