Jurisdiction is a complicated area, and there are different rules depending upon the type of case, the residence of the parties, the residence of the children, where a party was served, etc.
This overview cannot cover all situations - if you are military, or have a case where a party lives out of state, you'll need the assistance of a Colorado family law attorney who knows multi-state jurisdictional issues.
About the Guide The Colorado Divorce & Family Law Guide was created by Carl O. Graham, a Colorado Springs, CO divorce lawyer, and principal of Black & Graham, LLC, a family and criminal law firm. Carl runs the family law side of the firm, and focuses exclusively on Colorado divorce, military divorce issues, child support law, grandparent rights & visitation, common law marriage, child custody, legal separation law, annulment, alimony law, etc. Visit our web site to learn more about our Colorado Springs law firm:
www.blackgraham.com.
Colorado has adopted the Uniform Dissolution of Marriage Act, codified at 14-10-101, et seq. In order for Colorado to have subject matter jurisdiction to grant a dissolution, at least one spouse must have been domiciled in Colorado for the 90 day period prior to filing.
"Domicile" means more than merely living in the state of Colorado. It is the intent for Colorado to be that spouse's permanent residence. This most often affects military couples - a servicemember living in Colorado may not actually be domiciled here (look at the claimed home state on the LES as a starting point). Likewise, someone domiciled in Colorado who leaves the state strictly because of military service can still file in Colorado, even though he/she has not lived here for years.
Subject matter jurisdiction alone is not sufficient, however, to litigate all of the issues involving a Colorado divorce or legal separation. All that means is that the Colorado divorce court can (1) grant a divorce, (2) divide marital property located in Colorado, and (3) enter custody/parenting orders for children, if Colorado is their home state (six months residence).
Personal jurisdiction over the respondent spouse, and therefore the authority for the Colorado divorce court to divide property outside of Colorado and order the respondent spouse to pay maintenance or child support, requires one of the following:
1. Personal service on the respondent spouse within the state of Colorado (including a waiver of service),
2. Personal service anywhere, as long as the parties maintained their marital domicile in Colorado, and the petitioning spouse lived here continuously after the respondent spouse left the state (does NOT confer jurisdiction to divide property outside of Colorado, however), or
3. The respondent spouse consents to the Colorado divorce court exercising jurisdiction (requires affirmative consent, not simply the failure to object to jurisdiction).
So even though Colorado can grant a divorce with service outside of Colorado, or with service by publication, some of the issues will have to be reserved for later adjudication by a divorce court which has jurisdiction over the respondent spouse.
Colorado Paternity
Colorado has adopted the Uniform Parentage Act, codified at 19-4-101, et seq. Under that statute, and under the "Colorado long-arm statute" at 13-1-124, the Colorado paternity court has jurisdiction if the child or one of the parents lives in Colorado, and one of the following conditions is met:
1. Personal service on the respondent parent within the state of Colorado (including a waiver of service),
2. Personal service anywhere, if the child was conceived as a result of intercourse in the state of Colorado, or
3. The respondent parent consents to the Colorado paternity court exercising jurisdiction.
Colorado paternity jurisdiction means Colorado can adjudge paternity, order the child's birth certificate changed, and order child support and birthing costs. Under the UCCJEA, only the child's home state can adjudicate custody and parenting issues. If Colorado is the child's home state, the Colorado paternity judge can also determine those parenting issues.
Colorado Child Custody & Visitation
Colorado has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified at C.R.S. 14-13-101, et seq. The statute provides that Colorado has jurisdiction to enter or modify parenting orders if one of the following conditions is met:
1. Colorado is the child's home state, which means the child has lived here with a parent or acting parent for the six-month period immediately preceding the filing of a Colorado child custody action (or for the child's life, if the child is less than six months old),
2. Colorado was the child's home state within six months prior to the filing of a custody action, and a parent/acting parent still lives in Colorado,
3. No other state has jurisdiction, or the child's home state has declined to exercise jurisdiction on the grounds that Colorado is a more convenient forum, and the child has a significant connection to Colorado,
4. Colorado initially entered parenting orders (e.g. a Colorado divorce or paternity action), and either the child or one of the parents has lived in Colorado continuously since then, or
5. Temporary emergency jurisdiction exists because the child is physically present in Colorado and has been abandoned or some other emergency, such as abuse, threatens the child.
Colorado Child Support
Colorado has adopted the Uniform Interstate Family Support Act (UIFSA), codified at C.R.S. 14-5-101, et seq. That act allows Colorado divorce and family law courts to establish a child support order against a non-resident parent if one of the following conditions is met:
1. Personal service on the respondent parent within the state of Colorado (including a waiver of service),
2. The respondent parent consents to the Colorado child support proceeding exercising jurisdiction (including the failure to object to jurisdiction),
3. The respondent parent has previously resided in Colorado with the child,
4. The respondent parent previously resided in Colorado and provided prenatal support for the child,
5. The child resides in Colorado as a result of the respondent parent's acts or directives, or
6. The child was conceived as a result of intercourse in the state of Colorado.
Once a Colorado family law court has acquired jurisdiction to adjudicate child support, it retains continuing, exclusive jurisdiction to modify its order if Colorado remains the residence of the child or one of the parents, or if the parents consent to Colorado exercising continuing jurisdiction.
More Information
Colorado Revised Statutes online - view the Uniform Dissolution of Marriage Act, Uniform Parentage Act, UCCJEA, UIFSA, and others.
www.cobar.org. An excellent September 2002 article entitled "Interstate Family Law Jurisdiction: Simplifying Complex Questions" by Judge Angela Arkin. Unfortunately you have to be a member of the Colorado Bar Association to view this article.
This web site is an advertisement intended for informational purposes, and is not a substitute for individual legal advice from one of the many Colorado Springs law firms, Colorado Springs lawyers or Colorado Springs attorneys. Only a signed agreement with this Colorado Springs family law attorney can create a Colorado lawyer-client relationship. We assist clients in Colorado Springs / El Paso County courts, in Colorado family law (Colorado divorce, military divorce issues, child support law, grandparent visitation & rights, common law marriage, child custody law, legal separation law, annulment, alimony law, etc).
