The Temporary Injunction

Planning before you file a dissolution, separation or allocation of parental responsibilities case can be extremely important.

The Colorado Uniform Dissolution of Marriage Act, at Section 14-10-107(b), provides for an automatic temporary injunction at the commencement of a dissolution, separation or allocation of parental responsibilities case. A temporary injunction is a court order that “freezes” the current living situation. While there are certain nuances, the statute / injunction basically provides that:

  • both parties are prohibited or enjoined from transferring, encumbering, concealing, or in any way disposing of, without the consent of the other party or an order of the court, any marital property, except in the usual course of business or for the necessities of life and requiring each party to notify the other party of any proposed extraordinary expenditures and to account to the court for all extraordinary expenditures made after the injunction is in effect;
  • both parties are prohibited or enjoined from molesting or disturbing the peace of the other party;
  • both parties are prohibited or enjoined from removing the minor child or children of the parties, if any, from the state without the consent of the other party or an order of the court; and
  • both parties are, without at least fourteen days' advance notification and the written consent of the other party or an order of the court, prohibited or enjoined from canceling, modifying, terminating, or allowing to lapse for nonpayment of premiums, any policy of health insurance, homeowner's or renter's insurance, or automobile insurance that provides coverage to either of the parties or the minor children or any policy of life insurance that names either of the parties or the minor children as a beneficiary.

Note: the automatic temporary injunction provides prohibitions which are quite specific and may not be as expansive as prohibitions contained in a “protective order” or other prior order of the Court.

If you are contemplating commencing a dissolution, separation or allocation of parental responsibilities case, you are strongly encouraged to consult with the LAW OFFICES OF PAUL M. GAIDE for appropriate pre-filing planning.

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