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Colorado Springs Family Lawyer: Marital Agreements Vs. Temporary Orders

Wednesday, 09 June 2010

blog-logoIn a Colorado divorce, there are two types of documents – the marital agreement and the temporary order - that are used to determine the division of property, assets and debt.  They are also used to outline child support, custody and a parenting plan. At the time of a divorce filing, most couples are not ready to make a final decision about every term of the divorce.  Instead, they may look to a Colorado Springs family lawyer to draft a temporary order.  Here is what you need to know.


The Temporary Order

The purpose of a temporary order is to create rights for both spouses until the final agreement is signed.  It is also designed to minimize the likelihood of future litigation between the parties, particularly with regard to jointly held property and the custody of minor children.  In many cases, a temporary order is just as exhaustive as the final agreement. It may even include who will pay of which debt and who gets the kids for which holidays. 

Most divorce lawyers in Colorado Springs will recommend making as many decisions as possible in the temporary order, as it will cut down on the ambiguity, frustration and financial uncertainty that often come with divorce.  It will also allow for child support and/or alimony payments to start immediately upon legal separation.  Temporary orders allow family court judges to grant benefits like these before the divorce becomes final.

The Marital Agreement

A marital agreement is the final document that contains the terms of divorce.  These terms can be mutually decided between spouses, worked out through mediation, or litigated in court, but it will also contain certain terms that are dictated by the state of Colorado.  A Colorado family court will only intervene when there is no private agreement from the parties. 

Remember, it can be very difficult to change the terms of a marital settlement or agreement, so before you move from a temporary order to a final marital agreement, consult with an experienced Colorado Springs family lawyer to ensure you get the kind of settlement you deserve.

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