Jurisdiction

 

Colorado has adopted the Uniform Dissolution of Marriage Act, codified at C.R.S. 14-10-101, et seq.

 

Subject Matter Jurisdiction

In order for the family law courts here to have subject matter jurisdiction to grant a Colorado divorce or legal separation, at least one spouse must have been domiciled in Colorado for the 90 day period prior to filing.  For an annulment in Colorado, there is a 30-day domicile period if the marriage was not entered into in Colorado, and no waiting period at all if the spouses were married in Colorado.

"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 - see the article Jurisdiction over Servicemembers in the Military Divorce Guide for more information if either spouse is in the military.

Subject matter jurisdiction alone is not sufficient, however, to resolve all of the issues involving a Colorado divorce or legal separation. That simply gives the Colorado domestic relations court the authority to (1) terminate the marriage, (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

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. For the purposes of maintenance and child support ONLY, personal service anywhere, as long as the parties maintained a marital domicile in Colorado, and the petitioning spouse lived here continuously after the respondent spouse left the state.  C.R.S. 13-1-124(e), 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