Temporary and Permanent Orders Hearings and Other Resolution Options

Are you involved in a divorce or child custody case involving a hearing? An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist in exploring your options. You have one bite at the apple in the court system so make it count.

Divorce and custody matters can be resolved between the parties outside of court or in court. There are two types of evidentiary hearings in divorce and family law; temporary and permanent order hearings. Temporary orders hearing occur earlier in a case and are intended to address urgent issues such as family support. The order lasts until the parties reach a signed agreement, or the Court issues a final order. A temporary orders hearing is shorter and the subjects that can be addressed are narrower. A final orders hearing on the other hand is held later in the case and resolves all unresolved issues such as property division, support and parenting.

A common temporary order is one that orders one spouse to pay support to the other until the divorce hearing occurs. Spousal maintenance support would be ordered based on the payor’s ability to pay for spousal maintenance and the recipient’s need for support as well as incomes and length of marriage. Child support is determined by more mandatory guidelines based on the incomes of the parties and the number of overnights with the children. The court makes these determinations based on the parties’ sworn financial statements. For permanent or final orders, if the parties do not reach an agreement through negotiation or mediation, then the court decides these issues. Although an attorney is recommended for those who can have one, parties can represent themselves in the court process if they wish. Parties who represent themselves are called “pro se” parties or “self-represented litigants”.

Reaching resolution outside of court is more cost-effective. There are a number of ways that parties can reach an agreement outside of a court proceeding. For example, parties can negotiate with each other and reach agreements or participate in mediation. Mediation is a resolution method in which an independent third party works with a couple to reach an agreement, if possible. Mediators can be attorneys, however they are not always attorneys and they can not give legal advice to either party in the mediation process.

In Colorado, mediators must attend a 40-hour training and certification course. Colorado courts generally require mediation if the parties do not reach an agreement through their own negotiations. Parties can attend mediation on their own, or they can have the assistance of counsel at the mediation to provide them with legal advice. Reaching agreement through mediation or negotiation is more cost-effective than a court hearing. Additionally, when parties reach an agreement together, they are often more likely to comply with the agreement than if a court orders a resolution.

Mediation can be conducted through the Colorado Judicial Branch Office of Dispute Resolution which is less expensive than private mediation, or through private mediators. Mediation is generally conducted virtually with the parties in separate break out rooms. However, if the parties would like to conduct mediation in person and/or mediate in the same room with each other, they can make that request to the mediator.

Collaborative divorce is another out-of-court resolution option. Collaborative divorce utilizes a team approach. The couple obtains professional assistance from experts in the legal, financial, and counseling fields. Medical and children’s experts can also be involved. Each team member assists in his or her area of expertise and collaborates with the other team members to help the family reach a fair agreement. Collaborative divorce is intended to remove the adversity from the process. The primary role for attorneys is to help the parties utilize the team to reach a fair and informed agreement. All parties agree to work together respectfully, honestly and in good faith. If the parties do not reach an agreement through this process, their attorneys can not represent them in the court process. If they desire to have attorneys for the court process, then they must locate new attorneys. An additional option is binding arbitration where the parties hire an arbitrator who hears the evidence and makes a binding decision.

A knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving on to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation.