Colorado Divorce Automatic Temporary Injunction: What You Can and Cannot Do

The moment a divorce petition is filed in Colorado — or the moment it is served on your spouse — an automatic temporary injunction takes effect against both parties. You do not need to request it. No judge signs it. It activates by operation of law under C.R.S. Section 14-10-107(4)(b)(I) and remains in force for the entire duration of the case, until the final decree is entered.

Many people filing for divorce in Colorado have no idea this injunction exists until they accidentally violate it. Understanding what it prohibits is critical, because violations can result in contempt of court, monetary sanctions, or an unfavorable property division.

What the Injunction Prohibits

The statute restricts four categories of conduct by both spouses:

1. Transferring, hiding, or disposing of property. Neither spouse may conceal, transfer, encumber, or dispose of any marital or separate property without the written consent of the other spouse or a court order. The exception: transactions in the ordinary course of business or for necessities of life (groceries, rent, utilities, medical bills). Selling the car, draining the savings account, or transferring the house to a relative are all violations.

2. Disturbing the peace of the other party. This is broadly interpreted. It covers harassment, threats, stalking, and any conduct designed to intimidate or control the other spouse. It does not mean you cannot communicate about the case or the children — it means you cannot use communication as a weapon.

3. Removing children from the state. Neither parent may take minor children out of Colorado without a court order or written consent from the other parent. Planned vacations that cross state lines require either a written agreement or court permission. Unilaterally relocating with the children is a serious violation that can affect custody determinations.

4. Changing insurance policies. Neither spouse may cancel, modify, or allow to lapse any health, dental, vision, life, automobile, homeowner, or renter insurance policies that cover a party or a minor child. Changing beneficiary designations on such policies is also prohibited without 14 days' written notice to the other party and court approval.

What You Can Still Do

The injunction does not freeze your life entirely. You can:

• Spend money on normal living expenses (rent, food, utilities, transportation)
• Continue working and earning income
• Use credit cards for ordinary purchases
• Maintain your regular routine with the children
• Communicate with your spouse about the case, the children, and logistics
• Hire an attorney or seek legal advice

The test is whether your actions preserve the status quo or disrupt it. Paying your mortgage is fine. Refinancing the house to cash out equity is not.

When the Injunction Starts

For a joint filing (both spouses sign as Co-Petitioners): the injunction takes effect on the date the petition is filed with the court. Both parties are bound immediately.

For a solo filing (one spouse files as Petitioner): the injunction binds the filing spouse on the date of filing. It does not bind the respondent until they are formally served with the petition and summons. This creates a gap period where the respondent is technically free to move assets — which is why some family law practitioners advise filing and arranging service on the same day when asset dissipation is a concern.

Consequences of Violating the Injunction

The other spouse can file a Motion for Contempt if they believe you violated the injunction. If the court finds a violation, possible consequences include:

• A finding of contempt of court
• Monetary sanctions or fines
• An adverse inference in property division (the court may assume you acted in bad faith and divide assets less favorably)
• Attorney's fees awarded to the other party
• In extreme cases involving children, restrictions on parenting time

Colorado courts take injunction violations seriously, particularly when they involve hidden assets or the removal of children from the state.

Practical Tips

• Document major purchases. Keep receipts for any significant spending during the case. If your spouse challenges a purchase, you'll need to show it was an ordinary living expense.
• Do not cancel joint accounts. You can open a new individual account for your own income, but do not close joint bank accounts or credit cards without your spouse's written consent.
• Get insurance changes in writing. If you legitimately need to adjust coverage (adding a child to a policy, for example), provide 14 days' written notice to your spouse before making the change.
• Communicate about travel. If you plan to travel out of state with the children, get written agreement from your spouse first. A text or email confirming consent is sufficient.

The Colorado Divorce Filing Process Guide explains the automatic temporary injunction in context alongside every other obligation that begins at filing, with practical worksheets to track compliance throughout the case.

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