Asked in Divorce for Colorado

Q: Can I ask a temporary use orders hearing be dismissed in a divorce case?

In divorce court scheduled a temporary orders hearing April 5, 2018. I filed an emergency motion for the use of one of our vehicles. The court moved the hearing to April 3. My wife responded to the motion by sending her response. At the hearing my wife did not show up. I was given what I requested orders to take effect April 10. My wife called court afterwards seeking results She contacted me asking to negotiate a deal. I met her April 4. She said she overslept and missed the hearing. We failed any deal. April 9 my wife filed emergency motion to reverse the orders the magistrate approved the same day. New hearing for temp orders for April 20, dismissed the April 3 orders. The reason my wife claimed she was confused about dates and missed first hearing. Magistrate allowed wife to enter new evidence. I was not notified or given time to respond or object. Can I motion for dismissal?

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2 Lawyer Answers
John Hyland Barrett III
John Hyland Barrett III
Answered
  • Louisville, CO
  • Licensed in Colorado

A: You could ask the court to reconsider its decision since you were not given the opportunity to respond to her motion. However, at this point, your best bet is to just prepare for the new hearing. I doubt the court is going to reverse its ruling about having a hearing where both parties can appear and present evidence and argument.

Stephen J. Plog
Stephen J. Plog
Answered
  • Denver, CO
  • Licensed in Colorado

A: More information is needed to assess your situation. Technically, the court could undo its default order if it felt she stated a valid basis for not appearing. You could file a motion to dismiss her motion, but the court will not likely rule on it prior to your hearing. Furthermore, temporary orders are modifiable. As such, the court could still conduct a hearing based on her motion, even if the 4/3 order was in effect and this time and not dismissed, and then modify that order.

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