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§48-5-405. Amendments to Pleadings

Amendments to pleadings in an action for divorce are permitted upon the same general considerations which govern the practice in other proceedings, and are properly allowed for the purpose of making the allegations of the pleading more definite and certain, of asserting an essential allegation which has been omitted, or of including allegations of misconduct […]

§48-5-501. Relief That May Be Included in Temporary Order of Divorce

OF ACTION FOR DIVORCE. §48-5-501. Relief that may be included in temporary order of divorce. At the time of the filing of the complaint or at any time after the commencement of an action for divorce under the provisions of this article and upon motion for temporary relief, notice of hearing and hearing, the court […]

§48-5-502. Temporary Spousal Support

The court may require either party to pay temporary spousal support in the form of periodic installments, or a lump sum, or both, for the maintenance of the other party.

§48-5-503. Temporary Parenting Order; Child Support

(a) The court shall enter a temporary parenting order in accordance with the provisions of sections 9-203 and 9-204 of this chapter that incorporates a temporary parenting plan. (b) When the action involves a minor child or children, the court shall require either party to pay temporary child support in the form of periodic installments […]

§48-5-504. Attorney's Fees and Court Costs

(a) The court may compel either party to pay attorney's fees and court costs reasonably necessary to enable the other party to prosecute or defend the action. The question of whether or not a party is entitled to temporary spousal support is not decisive of that party's right to a reasonable allowance of attorney's fees […]

§48-5-505. Costs of Health Care and Hospitalization

As an incident to requiring the payment of temporary spousal support, the court may order either party to continue in effect existing policies of insurance covering the costs of health care and hospitalization of the other party. If there is no such existing policy or policies, the court may order that such health care insurance […]

§48-5-506. Use and Occupancy of the Marital Home

(a) The court may grant the exclusive use and occupancy of the marital home to one of the parties during the pendency of the action, together with all or a portion of the household goods, furniture and furnishings, reasonably necessary for such use and occupancy. (b) The court may require payments to third parties in […]

§48-5-507. Use and Possession of Motor Vehicles

(a) As an incident to requiring the payment of temporary alimony, the court may grant the exclusive use and possession of one or more motor vehicles to either of the parties during the pendency of the action. (b) The court may require payments to third parties in the form of automobile loan installments or insurance […]

§48-5-508. Preservation of the Properties of the Parties

(a) If the pleadings include a specific request for specific property or raise issues concerning the equitable division of marital property, the court may enter an order that is reasonably necessary to preserve the estate of either or both of the parties. (b) The court may impose a constructive trust, so that the property is […]

§48-5-509. Enjoining Abuse, Emergency Protective Order

(a) The court may enjoin the offending party from molesting or interfering with the other, or otherwise imposing any restraint on the personal liberty of the other, or interfering with the custodial or visitation rights of the other. This order may enjoin the offending party from: (1) Entering the school, business or place of employment […]

§48-5-510. Consideration of Financial Factors in Ordering Temporary Relief

(a) In ordering temporary relief under the provisions of this part 5, the court shall consider the financial needs of the parties, the present income of each party from any source, their income-earning abilities and the respective legal obligations of each party to support himself or herself and to support any other persons. (b) Except […]

§48-5-511. Disclosure of Assets

To facilitate the resolution of issues arising at a hearing for temporary relief, the court may, or upon the motion of either party shall, order the parties to comply with the disclosure requirements set forth in article 7 of this chapter prior to the hearing for temporary relief. The form for this disclosure shall substantially […]

§48-5-512. Ex Parte Orders Granting Temporary Relief

An ex parte order granting all or part of the relief provided for in this part 5 may be granted without written or oral notice to the adverse party if: (1) It appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss or damage will result to […]

§48-5-603. Relief Regarding Minor Child or Children

(a) If the action involves a minor child or children, the court may, if appropriate, order the allocation of custodial responsibility and the allocation of decision-making responsibility in accordance with the provisions of article 9-101, et seq., of this chapter. (b) If the action involves a minor child or children, the court shall order either […]

§48-5-604. Use and Occupancy of Marital Home

§48-5-604. Use and occupancy of marital home. (a) The court may award the exclusive use and occupancy of the marital home to a party. An order granting use and occupancy of the marital home shall include the use of any necessary household goods, furniture and furnishings. The order shall establish a definite period for the […]