Chapter 3 - § 3.2 • SUBJECT MATTER JURISDICTION

• Jurisdiction: Colorado

§ 3.2 • SUBJECT MATTER JURISDICTION

In Colorado, only district courts can enter decrees of dissolution of marriage. C.R.S. § 14-10-106(1)(a). Even then, only if the district court has subject matter jurisdiction can a decree of dissolution of marriage enter. C.R.S. §§ 14-10-106(1)(a)(I) and (III). This statutory requirement implicating subject matter jurisdiction cannot be waived. People in Interest of Clinton, 762 P.2d 1381 (Colo. 1988). In order to satisfy the subject matter jurisdiction requirements, a domicile requirement and a waiting period provision must be met.

There are additional jurisdictional requirements for parental responsibilities adjudication, which are addressed in Chapter 40, "Interstate Family Law Jurisdiction."

§ 3.2.1—Domicile

To satisfy the domicile requirement, at least one of the parties had to have been domiciled in the state of Colorado at least 91 days immediately preceding the commencement of the dissolution ac- tion. C.R.S. § 14-10-106(1)(a)(I). "Domicile" requires present intent that Colorado is a person's perma- nent residence, and it is not sufficient to simply be residing in the state. Viernes v. Dist. Court, 509 P.2d 306 (Colo. 1973). In fact, residing in the state is not relevant at all. For example, a person in the mili- tary service, or on temporary out-of-state work assignment, may reside in another state but have his or her domicile in the state of Colorado. McMillion v. McMillion, 522 P.2d 125 (Colo. 1974).

There is no requirement that a party's sole domicile be in the state of Colorado. A litigant with one home in Colorado and another one in a different state could still satisfy the "domicile" requirement for subject matter jurisdiction to attach in Colorado. The party need only have a present intent that the Colorado home is his...