Overview of Colorado Divorce and Child Custody Jurisdiction

Are you involved in a Colorado divorce or child custody matter? 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.

Because jurisdiction involves the question of whether a given court has authority to hear a matter, it is an important threshold consideration in all cases. Various courts have subject matter jurisdiction to hear different types of actions. In Colorado, district courts have subject matter jurisdiction to enter dissolution decrees. There are also additional federal jurisdictional requirements for interstate matters involving children.

There are two types of jurisdiction – subject matter and personal. Personal jurisdiction requires that a court have jurisdiction over a person, and subject matter jurisdiction requires that the court have jurisdiction over the type of legal matter. A party can consent to personal jurisdiction. A court must have subject matter jurisdiction to hear a case and for dissolution purposes, must have personal jurisdiction over at least one party to an action. It is important to consider in any pre- or post-decree hearing where jurisdiction lies in case strategy and planning.

Jurisdiction determines what legal matters a court has the authority to hear and decide. The Uniform Dissolution of Marriage Act is the statutory authority for marriage dissolution in Colorado and sets forth jurisdictional requirements. Title 14, Article 10 of the Colorado Revised Statutes is the Uniform Dissolution of Marriage Act (UDMA). A dissolution proceeding may involve property division, spousal maintenance, and matters involving children to include allocation of parental responsibilities, parenting time, and child support. A decree of dissolution of marriage is required to be issued for a marriage to be dissolved for both statutory and common law marriage.

The legal standard for dissolution is that there has been “an irretrievable breakdown of the marriage relationship.” This eliminates moral fault grounds from the dissolution itself, though economic fault may be relevant to property distribution. Either party, or both together, may initiate dissolution, but only one party must plead that the marriage is irretrievably broken. There has been a recent change with regards to spousal maintenance and the fact that a court must now consider whether domestic violence has occurred as a factor in the determination of spousal maintenance.

Marital fault previously did not impact a maintenance award. Generally, Colorado is a no-fault divorce state. However, in August of 2025, there was a statutory change to allow courts to consider domestic violence in maintenance awards. Now, domestic violence is explicitly considered when determining spousal maintenance (alimony) awards pursuant to C.R.S. 14-10-114. This provision requires the court to evaluate whether a spouse has engaged in domestic violence, coercive control, economic abuse, litigation abuse, emotional abuse, physical abuse, or unlawful sexual behavior against the other spouse as a factor in determining maintenance awards. C.R.S. 14-10-114.

In an action for dissolution of marriage or legal separation, the petitioner’s filing of the action constitutes voluntary submission to the jurisdiction of the court. Additionally, at least one party to the action must have been domiciled in Colorado for at least 91 days prior to commencement of the action. Domicile is a jurisdictional requirement and cannot be waived.

Personal jurisdiction over the respondent in an action for dissolution of marriage or legal is obtained by service of a petition and summons on the respondent, or by the Respondent's waiver of formal service. C.R.C.P. 4(e) identifies the procedure for service. Generally, the initial pleadings must be served on the Respondent by a person over the age of 18 who is not a party to the action, and an affidavit of service must be filed with the court. C.R.C.P. 4(f) also provides requirements for substituted service by publication. However, there are limits on a court’s authority if service occurs by publication.

There are some separate jurisdictional provisions for children. Both state and federal law govern interstate legal matters involving children. For example, the Uniform Child Custody and Jurisdiction Act (UCCJEA) and the Parental Kidnapping Prevention Act (PKPA) govern interstate matters involving child custody. The Indian Child Welfare Act (ICWA) is a federal law governing the “best interests of American Indian Children.” If a child is eligible for acceptance into an Indian tribe, the tribe may asset jurisdiction and there are procedures that must be followed to ascertain whether the tribe wishes to do so.

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.