Subject Matter Jurisdiction in Colorado Divorce

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There are certain requirements in order for a Colorado district court to issue a decree of dissolution. The court can enter a dissolution decree upon a finding that the parties’ marriage is irretrievably broken, at least one party was domiciled in Colorado for at least 91 days, and at least 91 days have passed since the court acquired jurisdiction over the respondent. When the Court enters the decree, it is final order subject to appeal. A court must also simultaneously issue orders on related issues of parental responsibilities, spousal maintenance, and property division to the extent that it has jurisdiction to do so. However, if the court finds that deferral of related issues is in the best interests of the parties, it can defer decision on certain issues and address those issues at a later time through a bifurcation or reserved jurisdiction.

Sometimes, a court may have jurisdiction over one aspect of a dissolution matter, though not over another that is subject to federal law. For example, a court may have jurisdiction to issue a dissolution decree, though not jurisdiction over matters involving a child who has lived in another state for more than six months as Colorado would not be the child’s home state. Unlike personal jurisdiction, a party may contest subject matter jurisdiction at any time.

A hearing is not always required for decree issuance. The court can enter a decree of dissolution without appearance of the parties if they have reached a complete agreement and, if there are children both parties are represented by counsel. The court retains the right to hold a hearing and to review agreements for unconscionability. Financial disclosure requirements apply to all dissolutions, to include decrees issued without the appearance of the parties. This means that both parties in a dissolution matter must provide full and complete financial disclosure of his or her assets and liabilities. This is done through the preparation and filing of sworn financial statements and a certificate of compliance with mandatory disclosures. Additionally, the parties must provide each other with the documents required by the mandatory disclosure requirement.

A marriage may be dissolved if either party alleges an irretrievable breakdown of the marriage, C.R.S. 14-10-102. Thus no marital misconduct must be alleged. Irretrievable breakdown is defined as “Where the objects of the marital relationship are destroyed to such an extent that it seems improbable that the couple will again resume the relationship of husband and wife, the marriage is irretrievably broken. , .” C.R.S. 14-10-110. If both parties, by petition or otherwise, have stated under oath or affirmation that the marriage is irretrievably broken or one of the parties has so stated and the other has not denied it, there is a presumption of irretrievable breakdown. C.R.S. 14-10-110.

At least one party must have a connection to the state of Colorado in order for Colorado to have jurisdiction over dissolution. Specifically, in order for a district court to have subject matter jurisdiction, at least one party must have been domiciled in the state of Colorado for at least 90 days immediately preceding the initiation of the dissolution. Domicile means a present intent that Colorado is a person’s permanent residence. Simple residency in the state is insufficient. For example, a military servicemember stationed in Colorado on military orders does not establish domicile simply by being stationed here; there must be additional significant contacts with the state and an intent to make Colorado the member’s state of residence. It is also possible under some circumstances to reside in another state yet be domiciled in Colorado. For example, military servicemembers or those working temporarily out of state, may still be domiciled in Colorado depending on their intent to return.

At times one party to an action may contest jurisdiction. If domicile is questioned, a court evaluates factors that show intent to permanently reside in Colorado. A court will consider factors such as possession of a Colorado driver’s license, voter registration, vehicle registration, filing a state income tax return in Colorado, or possession of real property in the state. If one of the parties to the action has not been domiciled in Colorado for at least 90 days prior to filing, the Court will not have jurisdiction to hear the action. This provision is designed in part to prevent forum shopping for court judgments. Federal as well as state law often applies to family law matters involving federal military personnel. Domicile and personal jurisdiction are more complex when one of the parties is in federal military service or is a family member, as residence is not a clear indicator of domicile for either the military or family member due to the protections of the Servicemember’s Civil Relief Act. Generally, domicile requires an intent to remain permanently without an intent to return to another state. Domicile is a Question of Fact. “The determination of the location of a spouse's domicile is a question of fact. In general, it is the place of one's actual residence with the intention to remain permanently, or for an indefinite time, and without any certain purpose to return to a former place of abode.”

There is a minimum 91-day waiting period between acquisition of jurisdiction and decree issuance. If the parties both sign the Petition for Dissolution or Legal Separation and file together, the waiting period begins on the date the petition is filed with the Court. However, if one party files a Petition for Dissolution or Legal Separation and then serves the other spouse with a copy, the wait period begins on the date of service. Therefore, a dissolution or legal separation will take at least 91 days, and may take longer, depending on the complexity of the case, the level of cooperation or conflict and court schedules.

Colorado is a no-fault dissolution state; therefore, fault is not relevant to dissolution itself. However, economic fault may be relevant in asset allocation and domestic violence must be considered by the court for purposes of spousal maintenance. C.R.S. 14-10-114. For example, if a party dissipates marital assets after filing, a court may compensate the other spouse in asset allocation accordingly. Consequently, acts such as adultery, desertion, and cruelty are not legally relevant to no-fault proceedings and are not required be proven. In fact, because they are not relevant, a court will not hear such evidence. This may disappoint a party who believes that the court should hear about marital misconduct.

A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.