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Temporary injunctions in a Colorado divorce

On Behalf of | Jun 27, 2023 | Family Law News

Divorce is a legal process that ends a marriage, and the parties to a divorce will be bound by certain legal duties and obligations as soon as a divorce petition is filed. Once a spouse files for divorce in Colorado, the court will issue a temporary injunction.

Temporary injunctions are court orders that prevent spouses from taking certain actions or require spouses to take certain actions until the divorce proceedings have concluded.

Property rights and temporary injunctions

Some temporary injunctions deal with property rights as they apply to marital assets. Marital assets generally include property or income obtained or earned by either spouse while they were married.

A temporary injunction can prevent a spouse from disposing of marital assets unless the other spouse agrees or they have the permission of the court. This includes selling assets, hiding assets, transferring assets or otherwise getting rid of assets. Spouses are permitted to use their own income for normal living expenses.

Personal rights and temporary injunctions

Some temporary injunctions deal with personal rights. For example, the court can issue a temporary injunction preventing the spouses from disturbing each other’s peace. Simply put, spouses cannot harass each other.

In addition, if one spouse is covered by or is a beneficiary to an insurance policy held by the other spouse, the spouse holding the insurance policy cannot cancel it, stop payments or otherwise change it, unless they have the consent of the other spouse or the permission of the court. This applies to medical insurance, homeowner’s and renter’s insurance, car insurance and life insurance policies.

Violating a temporary order in Colorado can have significant consequences, including being held in contempt of court. This is not a situation any spouse wants to find themselves in. Divorce can be stressful enough, do not make it more difficult by failing to abide by temporary injunctions.