C.R.S. Section 14-10-108
Temporary orders in a dissolution case


(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. 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, C.R.S., the court shall inquire about, and the requesting party and such party’s attorney shall have an independent duty to disclose, knowledge such party and such party’s attorney 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.

Source: Section 14-10-108 — Temporary orders in a dissolution case, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-14.­pdf (accessed Oct. 20, 2023).

14‑10‑101
Short title
14‑10‑102
Purposes - rules of construction
14‑10‑103
Definitions and interpretation of terms
14‑10‑104
Uniformity of application and construction
14‑10‑104.5
Legislative declaration
14‑10‑105
Application of Colorado rules of civil procedure
14‑10‑106
Dissolution of marriage - legal separation
14‑10‑106.5
Dissolution of civil unions - legal separation - jurisdiction - applicability of article and case law
14‑10‑107
Commencement - pleadings - abolition of existing defenses - automatic, temporary injunction - enforcement
14‑10‑107.5
Entry of appearance and notice of withdrawal by delegate child support enforcement unit
14‑10‑107.7
Required notice of involvement with state department of human services
14‑10‑107.8
Required notice of prior restraining, civil protection, or emergency protection orders to prevent domestic abuse - petitions for dissolution of marriage or legal separation
14‑10‑108
Temporary orders in a dissolution case
14‑10‑109
Enforcement of protection orders
14‑10‑110
Irretrievable breakdown
14‑10‑111
Declaration of invalidity
14‑10‑112
Separation agreement
14‑10‑113
Disposition of property - definitions
14‑10‑114
Spousal maintenance - advisory guidelines - legislative declaration - definitions
14‑10‑115
Child support guidelines - purpose - determination of income - schedule of basic child support obligations - adjustments to basic child support - additional guidelines - child support commission - definitions
14‑10‑116
Appointment in domestic relations cases - representation of the best interests of the child - legal representative of the child - disclosure - short title
14‑10‑116.5
Appointment in domestic relations cases - child and family investigator - disclosure - background check
14‑10‑117
Payment of maintenance or child support
14‑10‑118
Enforcement of orders
14‑10‑119
Attorney’s fees
14‑10‑120
Decree
14‑10‑120.2
Ex-parte request for restoration of prior name of party
14‑10‑120.3
Dissolution of marriage or legal separation upon affidavit - requirements
14‑10‑120.5
Petition - fee - assessment - displaced homemakers fund
14‑10‑121
Independence of provisions of decree or temporary order
14‑10‑122
Modification and termination of provisions for maintenance, support, and property disposition - automatic lien - definitions
14‑10‑123
Commencement of proceedings concerning allocation of parental responsibilities - jurisdiction - automatic temporary injunction - enforcement - definitions
14‑10‑123.3
Requests for parental responsibility for a child by grandparents
14‑10‑123.4
Rights of children in matters relating to parental responsibilities
14‑10‑123.6
Required notice of prior restraining orders to prevent domestic abuse - proceedings concerning parental responsibilities relating to a child - resources for family services
14‑10‑123.7
Parental education - legislative declaration
14‑10‑123.8
Access to records
14‑10‑124
Best interests of the child
14‑10‑124.4
Family time for grandparents or great-grandparents - legislative declaration - definitions
14‑10‑124.5
Disputes concerning grandparent or great-grandparent family time
14‑10‑125
Temporary orders
14‑10‑126
Interviews
14‑10‑127
Evaluation and reports - training and qualifications of evaluators - disclosure
14‑10‑127.5
Domestic violence training for court personnel - expert testimony - child placement decisions - legislative declaration - definitions
14‑10‑128
Hearings
14‑10‑128.1
Appointment of parenting coordinator - disclosure
14‑10‑128.3
Appointment of decision-maker - disclosure
14‑10‑128.5
Appointment of arbitrator - de novo hearing of award
14‑10‑129
Modification of parenting time
14‑10‑129.5
Disputes concerning parenting time
14‑10‑130
Judicial supervision
14‑10‑131
Modification of custody or decision-making responsibility
14‑10‑131.7
Designation of custody for the purpose of other state and federal statutes
14‑10‑131.8
Construction of 1999 revisions
14‑10‑132
Affidavit practice
14‑10‑133
Effective date - applicability
Green check means up to date. Up to date

Current through Fall 2024

§ 14-10-108’s source at colorado​.gov