Colorado Jurisdiction Over Divorce

Are you involved in a Colorado divorce case? An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.

After obtaining personal and subject matter jurisdiction over a marriage that is irretrievably broken, a court has the authority to equitably divide marital property. However, a court may reserve jurisdiction to divide specific property, such as a retirement plan, at a later date. In Colorado, jurisdiction over the dissolution of marriage is governed by the Uniform Dissolution of Marriage Act (UDMA). District courts have exclusive jurisdiction to enter decrees of dissolution of marriage or legal separation. To establish jurisdiction, at least one party must have been domiciled in Colorado for at least 91 days prior to the commencement of the proceeding. Additionally, the marriage must be irretrievably broken, and at least 91 days must have elapsed since the court acquired jurisdiction over the respondent through service of process. C.R.S. 14-10-106, C.R.S. 14-10-107.

While a party may obtain a dissolution without personal jurisdiction over the opposing party, personal jurisdiction is required for the court to address out of state property or support matters. Personal jurisdiction over the dissolution is established if one party is domiciled in Colorado, which is the most common form of personal jurisdiction. It can also be established if a non-resident party is served under the long-arm statute. The long-arm statute allows jurisdiction over a party who has resided in Colorado while married, or who has other significant contacts with the state. C.R.S. 13-1-124.

Turning Change Into Opportunity in Colorado Springs, Colorado Divorce and Child Custody

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.