ARTICLE 10 UNIFORM DISSOLUTION OF MARRIAGE ACT
| Jurisdiction | Colorado |
Editor's note: (1) This article was numbered as article 1 of chapter 46, C.R.S. 1963. The provisions of this article were repealed and reenacted in 1971, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1971, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) For the legality of common-law marriages in this state, see Graham v. Graham, 130 Colo. 225, 274 P.2d 605 (1954).
Law reviews: For article, "Divorce Mediation: A Financial Perspective", see 13 Colo. Law. 1650 (1984); for article, "Tax Consequences of Dissolution of Marriage Under the 1984 Tax Reform Act — Parts I and II", see 13 Colo. Law. 2012 and 2222 (1984); for article, "Dramatic Divorce Taxation Changes", see 13 Colo. Law. 2038 (1984); for article, "The Civil Service Retirement Spouse Equity Act of 1984", see 14 Colo. Law. 1413 (1985); for article, "Joinder of Claims and Counterclaims in Cases Under the Uniform Dissolution of Marriage Act", see 15 Colo. Law. 1818 (1986); for article, "Cohabitation Agreements in Colorado", see 15 Colo. Law. 979 (1986); for article, "Common Law Marriage in Colorado", see 16 Colo. Law. 252 (1987); for article, "Child Support Obligations After Death of the Supporting Parent", see 16 Colo. Law. 790 (1987); for article, "Ownership of Personal Property Accumulated During a Marriage", see 17 Colo. Law. 623 (1988); for article, "Dissolution of Marriage and Estate Planning Issues", see 18 Colo. Law. 439 (1989); for article, "ADR: Explanations, Examples and Effective Use", see 18 Colo. Law. 843 (1989); for article, "Divorce and Family Mediation: Must it be Confidential?", see 18 Colo. Law. 925 (1989); for article, "Update on Ethics and Malpractice Avoidance in Family Law — Parts I and II", see 19 Colo. Law. 465 and 647 (1990); for article, "Annulments in Colorado", see 22 Colo. Law. 2249 (1993); for article, "Property Division in Dissolution: Partnership Versus Needs Analysis", see 23 Colo. Law. 2115 (1994); for article, "Protecting a Disabled Client in a Dissolution of Marriage Action", see 24 Colo. Law. 795 (1995); for casenote, "Inappropriate Application of the Best Interests of the Child Standard Leads to Worst Case Scenario: In re C.C.R.S.", see 68 U. Colo. L. Rev. 259 (1997); for article, "Interstate Family Law Jurisdiction: Simplifying Complex Questions", see 31 Colo. Law. 77 (Sept. 2002); for article, "Marital Agreements in Colorado", see 36 Colo. Law. 53 (Feb. 2007); for article, "Colorado Civil Union Act", see 42 Colo. Law. 91 (July 2013); for article, "The Motion in Limine: Use in Domestic Relations Cases", see 43 Colo. Law. 47 (March 2014).
14-10-101. Short title.
14-10-102. Purposes - rules of construction.
14-10-103. Definitions and interpretation of terms.
14-10-104. Uniformity of application and construction.
14-10-104.5. Legislative declaration.
14-10-105. Application of Colorado rules of civil procedure.
14-10-106. Dissolution of marriage - legal separation.
14-10-106.5. Dissolution of civil unions - legal separation - jurisdiction - applicability of article and case law.
14-10-107. Commencement - pleadings - abolition of existing defenses - automatic, temporary injunction - enforcement.
14-10-107.5. Entry of appearance and notice of withdrawal by delegate child support enforcement unit.
14-10-107.7. Required notice of involvement with state department of human services.
14-10-107.8. Required notice of prior restraining, civil protection, or emergency protection orders to prevent domestic abuse - petitions for dissolution of marriage or legal separation.
14-10-108. Temporary orders in a dissolution case.
14-10-109. Enforcement of protection orders.
14-10-110. Irretrievable breakdown.
14-10-111. Declaration of invalidity.
14-10-112. Separation agreement.
14-10-113. Disposition of property - definitions.
14-10-114. Spousal maintenance - advisory guidelines - legislative declaration - definitions.
14-10-115. Child support guidelines - purpose - determination of income - schedule of basic child support obligations - adjustments to basic child support - additional guidelines - child support commission - definitions.
14-10-116. Appointment in domestic relations cases - representation of child's best interests - legal representative of the child - disclosure.
14-10-116.5. Appointment in domestic relations cases - child and family investigator - disclosure - background check.
14-10-117. Payment of maintenance or child support.
14-10-118. Enforcement of orders.
14-10-119. Attorney's fees.
14-10-120. Decree.
14-10-120.2. Ex-parte request for restoration of prior name of party.
14-10-120.3. Dissolution of marriage or legal separation upon affidavit - requirements.
14-10-120.5. Petition - fee - assessment - displaced homemakers fund.
14-10-121. Independence of provisions of decree or temporary order.
14-10-122. Modification and termination of provisions for maintenance, support, and property disposition - automatic lien - definitions.
14-10-123. Commencement of proceedings concerning allocation of parental responsibilities - jurisdiction - automatic temporary injunction - enforcement - definition.
14-10-123.3. Requests for parental responsibility for a child by grandparents.
14-10-123.4. Rights of children in matters relating to parental responsibilities.
14-10-123.5. Joint custody. (Repealed)
14-10-123.6. Required notice of prior restraining orders to prevent domestic abuse - proceedings concerning parental responsibilities relating to a child - resources for family services.
14-10-123.7. Parental education - legislative declaration.
14-10-123.8. Access to records.
14-10-124. Best interests of child.
14-10-124.3. Stay of proceedings - criminal charges of allegations of sexual assault. (Repealed)
14-10-125. Temporary orders.
14-10-126. Interviews.
14-10-127. Evaluation and reports - disclosure.
14-10-128. Hearings.
14-10-128.1. Appointment of parenting coordinator - disclosure.
14-10-128.3. Appointment of decision-maker - disclosure.
14-10-128.5. Appointment of arbitrator - de novo hearing of award.
14-10-129. Modification of parenting time.
14-10-129.5. Disputes concerning parenting time.
14-10-130. Judicial supervision.
14-10-131. Modification of custody or decision-making responsibility.
14-10-131.3. Modification of the allocation of parental responsibilities and parenting time based upon military service - legislative declaration - definitions. (Repealed)
14-10-131.5. Joint custody modification - termination. (Repealed)
14-10-131.7. Designation of custody for the purpose of other state and federal statutes.
14-10-131.8. Construction of 1999 revisions.
14-10-132. Affidavit practice.
14-10-133. Effective date - applicability.
■ 14-10-101. Short title. This article shall be known and may be cited as the "Uniform Dissolution of Marriage Act".
Source: L. 71: R&RE, p. 520, § 1. C.R.S. 1963: § 46-1-1.
Law reviews. For note, "The Extraterritorial Validity of Colorado Divorces", see 7 Rocky Mt. L. Rev. 271 (1935). For article, "Divorce — Stalemate", see 16 Dicta 107 (1939). For article, "What Divorce Statutes Are Now in Effect in Colorado?", see 21 Dicta 68 (1944). For article, "Ten Years of Domestic Relations in Colorado — 1940-1950", see 27 Dicta 399 (1950). For article, "Workmen's Compensation, Attorneys and Family Law", see 31 Dicta 1 (1954). For article, "A Proposal for Some Modest Changes in Divorce and Annulment Laws", see 26 Rocky Mt. L. Rev. 221 (1954). For article, "Colorado's New Divorce Law", see 35 Dicta 219 (1958). For note, "The New Colorado Divorce Statute", see 31 Rocky Mt. L. Rev. 207 (1959). For article, "Due Process in Involuntary Civil Commitment and Incompetency Adjudication Proceedings: Where Does Colorado Stand?", see 46 Den. L.J. 516 (1969). For article, "Divorce Policy and Divorce Reform", see 42 U. Colo. L. Rev. 403 (1971). For article, "Effects of Reconciliation on Separation Agreements in Colorado", see 51 U. Colo. L. Rev. 399 (1980). For article, "Mediation of Contested Child Custody Disputes", see 11 Colo. Law. 336 (1982). For article, "Colorado: Now a Community Property State?", see 25 Colo. Law. 55 (May 1996). For article, "Blending Spousal Tort Claims and Colorado Divorce Actions", see 25 Colo. Law. 57 (May 1996).
Act applicable regardless of date marriage began. Regardless of the date the marriage began, if the dissolution of marriage occurs after the effective date of this article, the parties are subject to all provisions of the uniform act. In re Lester, 647 P.2d 688 (Colo. App. 1982).
■ 14-10-102. Purposes - rules of construction. (1) This article 10 must be liberally construed and applied to promote its underlying purposes.
(2) The underlying purposes of this article 10 are:
(a) To promote the amicable settlement of disputes that have arisen between parties to a marriage;
(b) To mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage;
(c) To make the law of legal dissolution of marriage more effective for dealing with the realities of matrimonial experience by making an irretrievable breakdown of the marriage relationship the sole basis for its dissolution; and
(d) To provide safeguards for a parent with a disability, pursuant to the provisions of section 24-34-805.
Source: L. 71: R&RE, p. 520, § 1. C.R.S. 1963: § 46-1-2. L. 2018: Entire section amended, (HB 18-1104), ch. 164, p. 1133, § 2, effective April 25.
Every state as a sovereign has rightful and legitimate concern in marital status of those persons who are domiciled within the state. Viernes v. District Court, 181 Colo. 284, 509 P.2d 306 (1973).
Marriage is favored over less formalized relationships. The state of Colorado has an interest in marriage, and marriage is favored over less formalized relationships which exist without the benefit of marriage. In re...
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