Chapter 3 - § 3.3 • PERSONAL JURISDICTION

• Jurisdiction: Colorado

§ 3.3 • PERSONAL JURISDICTION

As long as the district court has subject matter jurisdiction, it can enter a decree of dissolution of marriage without personal service on the respondent. C.R.S. § 14-10-107(4)(a). However, the court must have personal jurisdiction over the respondent to enter orders directed at the respondent personally, such as for maintenance or child support, division of the marital estate no matter where located, or awards of attorney fees. Harrod v. Harrod, 526 P.2d 666 (Colo. App. 1974). Unlike subject matter jurisdiction, a party may waive his or her challenge to personal jurisdiction by voluntary actions. C.R.S. § 14-10-107(4)(b)(I); C.R.C.P. 4(h)(5).

§ 3.3.1—Physical Presence in State or Voluntary Appearance

One way to obtain personal jurisdiction, or in personam jurisdiction, over a respondent is to simply personally serve him or her within the state of Colorado, in accordance with Rule 4 of the Colorado Rules of Civil Procedure. It does not matter whether the respondent's presence in Colorado is a one-time event, with no other contacts with the state. Mere presence of the person within the boundaries of the state at the time of service is sufficient. Burnham v. Sup. Court, 495 U.S. 604 (1990).

Even without service upon the respondent, the court can obtain personal jurisdiction simply by the respondent's voluntary acts. This is accomplished by the respondent's entering an appearance in the pending action, or filing for relief in the action. To preserve and protect any challenge to personal jurisdiction, the respondent must specifically assert the defense of lack of personal jurisdiction in any and all filings with the court. C.R.C.P. 12(h). Otherwise, the defense is waived and the party is deemed to have voluntarily submitted to the personal jurisdiction of the court.

§ 3.3.2—Long-Arm Statute

Under the Colorado long-arm statute, a Colorado district court can obtain personal jurisdiction over a respondent via personal service outside the state of Colorado if that person has engaged in certain conduct or activity that, in essence, reflects a voluntary submission to the jurisdiction of Colorado. For example, per the long-arm statute, if the parties established a matrimonial domicile within Colorado and one of the parties has, without interruption, continued to be domiciled in the state thereafter, the other party may be served outside the state and, upon service, the Colorado court has personal jurisdiction. C.R.S. § 13-1-124(1)(e)...