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Colorado Statutes, Title 14

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Title 14, Domestic Matters

0 chapters · 312 sections in this title.

All chapters in Title 14312 Ch 578 Ch 1056 Ch 240 Ch 1338 Ch 13.730 Ch 1521 Ch 13.512 Ch 611 Ch 1411 Ch 74 Ch 124 Ch 10.53 Ch 42 Ch 11

56 sections·Filtered byTitle 14✕Ch 10✕

Colo. Rev. Stat. § 14-10-101 Short title
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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. ANNOTATION Law reviews. For note, "The Extraterritorial Validity of Colorado Divorces", see 7 Rocky Mt. L. Rev. 271 (1935). For arti…
Colo. Rev. Stat. § 14-10-102 Purposes - rules of construction
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(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 har…
Colo. Rev. Stat. § 14-10-103 Definitions and interpretations of terms
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(1) As used in this article, unless the context otherwise requires, the term "decree" includes the term "judgment"; and, for the purposes of the tax laws of the state of Colorado or of any other jurisdiction, the term "maintenance" includes the term "alimony". (1.5) As used in th…
Colo. Rev. Stat. § 14-10-104 Uniformity of application and construction

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(1) This article shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this article among those states which enact it. (2) The term "irretrievable breakdown" shall be construed as being similar to other terms…

Colo. Rev. Stat. § 14-10-104.5 Legislative declaration

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The general assembly recognizes that it is in the best interests of the parties to a marriage in which a dissolution has been granted and in which there are children of the marriage for the parties to be able to resolve disputes that arise subsequent to the dissolution in an amic…

Colo. Rev. Stat. § 14-10-105 Application of Colorado rules of civil procedure

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(1) The Colorado rules of civil procedure apply to all proceedings under this article, except as otherwise specifically provided in this article. (2) A proceeding for dissolution of marriage, legal separation, or declaration of invalidity of marriage shall be entitled "In re the …

Colo. Rev. Stat. § 14-10-106 Dissolution of marriage - legal separation

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(1) (a) The district court shall enter a decree of dissolution of marriage or a decree of legal separation when: (I) The court finds that one of the parties has been domiciled in this state for ninety-one days next preceding the commencement of the proceeding; (II) The court find…

Colo. Rev. Stat. § 14-10-106.5 Dissolution of civil unions - legal separation - jurisdiction - applicability of article and case law

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(1) Any person who enters into a civil union in Colorado pursuant to article 15 of this title consents to the jurisdiction of the courts of Colorado for the purpose of any action relating to a civil union even if one or both parties cease to reside in this state. In a matter seek…

Colo. Rev. Stat. § 14-10-107 Commencement - pleadings - abolition of existing defenses - automatic, temporary injunction - enforcement

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(1) All proceedings under this article shall be commenced in the manner provided by the Colorado rules of civil procedure. (2) The petition in a proceeding for dissolution of marriage or legal separation shall allege that the marriage is irretrievably broken and shall set forth: …

Colo. Rev. Stat. § 14-10-107.5 Entry of appearance and notice of withdrawal by delegate child support enforcement unit

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(1) The attorney for the delegate child support enforcement unit may file an entry of appearance on behalf of the county department of human or social services in any proceeding for dissolution of marriage or legal separation under this article 10 for purposes of establishing, mo…

Colo. Rev. Stat. § 14-10-107.7 Required notice of involvement with state department of human services

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When filing a petition for dissolution of marriage or legal separation, a petition in support or proceedings for the allocation of parental responsibilities with respect to the children of the marriage, or any other matter pursuant to this article 10 with the court, if the partie…

Colo. Rev. Stat. § 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

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(1) When filing a petition for dissolution of marriage or legal separation pursuant to this article 10, the filing party has a duty to disclose to the court the existence of any prior temporary or permanent restraining orders and civil protection orders issued pursuant to article…

Colo. Rev. Stat. § 14-10-108 Temporary orders in a dissolution case

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(1) In a proceeding for dissolution of marriage, legal separation, the allocation of parental responsibilities, or declaration of invalidity of marriage or a proceeding for disposition of property, maintenance, or support following dissolution of the marriage, either party may mo…

Colo. Rev. Stat. § 14-10-109 Enforcement of protection orders

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The duties of peace officers enforcing orders issued pursuant to section 14-10-107 or 14-10-108 shall be in accordance with section 18-6-803.5, C.R.S., and any rules adopted by the Colorado supreme court pursuant to said section. Source: L. 71: R&RE, p. 523, § 1. C.R.S. 1963: § 4…

Colo. Rev. Stat. § 14-10-110 Irretrievable breakdown

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(1) If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken or one of the parties has so stated and the other has not denied it, there is a presumption of such fact, and, unless controverted by evidence, the …

Colo. Rev. Stat. § 14-10-111 Declaration of invalidity

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(1) The district court shall enter its decree declaring the invalidity of a marriage entered into under the following circumstances: (a) A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity or…

Colo. Rev. Stat. § 14-10-112 Separation agreement

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(1) To promote the amicable settlement of disputes between the parties to a marriage attendant upon their separation or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for the maintenance of either of them, the di…

Colo. Rev. Stat. § 14-10-113 Disposition of property - definitions

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(1) In a proceeding for dissolution of marriage or in a proceeding for legal separation or in a proceeding for disposition of property following the previous dissolution of marriage by a court which at the time of the prior dissolution of the marriage lacked personal jurisdiction…

Colo. Rev. Stat. § 14-10-114 Spousal maintenance - advisory guidelines - legislative declaration - definitions

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(1) Legislative declaration. (a) The general assembly hereby finds that: (I) The economic lives of spouses are frequently closely intertwined in marriage and that it is often impossible to later segregate the respective decisions and contributions of the spouses; and (II) Consequ…

Colo. Rev. Stat. § 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

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(1) Purpose and applicability. (a) The child support guidelines and schedule of basic child support obligations have the following purposes: (I) To establish as state policy an adequate standard of support for children, subject to the ability of parents to pay; (II) To make award…

Colo. Rev. Stat. § 14-10-116 Appointment in domestic relations cases - representation of the best interests of the child - legal representative of the child - disclosure - short title

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(1) The court may, upon the motion of either party or upon its own motion, appoint an attorney, in good standing and licensed to practice law in the state of Colorado, to serve as the legal representative of the child, representing the best interests of the child in any domestic …

Colo. Rev. Stat. § 14-10-116.5 Appointment in domestic relations cases - child and family investigator - disclosure - background check - definition

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(1) The court may, upon the motion of either party or upon its own motion, appoint a neutral third person to serve the court as a child and family investigator pursuant to subsection (2) of this section in a domestic relations proceeding that involves allocation of parental respo…

Colo. Rev. Stat. § 14-10-117 Payment of maintenance or child support

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(1) Upon its own motion or upon motion of either party, the court may at any time order that maintenance or child support payments be made to the clerk of the court or, if the executive director of the department of human services has notified the state court administrator that t…

Colo. Rev. Stat. § 14-10-118 Enforcement of orders

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(1) Repealed. (2) The court has the power to require security to be given to ensure enforcement of its orders, in addition to other methods of enforcing court orders prescribed by statute or by the Colorado rules of civil procedure on or after July 6, 1973. Source: L. 71: R&RE, p…

Colo. Rev. Stat. § 14-10-119 Attorney and licensed legal paraprofessional fees

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The court from time to time, after considering the financial resources of both parties, may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding pursuant to this article 10 and for attorney fees or licensed legal para…

Colo. Rev. Stat. § 14-10-120 Decree

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(1) A decree of dissolution of marriage or of legal separation is final when entered, subject to the right of appeal. An appeal from the decree of dissolution that does not challenge the finding that the marriage is irretrievably broken does not delay the finality of that provisi…

Colo. Rev. Stat. § 14-10-120.2 Ex-parte request for restoration of prior name of party

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(1) Pursuant to the provisions of this section, at any time after the entry of a decree of dissolution or legal separation, a party to the action may request restoration of a prior full name. (2) The requesting party must file a verified motion and affidavit under the same case n…

Colo. Rev. Stat. § 14-10-120.3 Dissolution of marriage or legal separation upon affidavit - requirements

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(1) Final orders in a proceeding for dissolution of marriage or legal separation may be entered upon the affidavit of either or both parties when: (a) There are no minor children of the husband and wife and the wife is not pregnant or the husband and wife are both represented by …

Colo. Rev. Stat. § 14-10-120.5 Petition - fee - assessment - displaced homemakers fund

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(1) There shall be assessed against a nonindigent petitioner a fee of five dollars for each filing of a petition for dissolution of marriage, declaration of invalidity of marriage, legal separation, or declaratory judgment concerning the status of marriage. All such fees collecte…

Colo. Rev. Stat. § 14-10-121 Independence of provisions of decree or temporary order

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If a party fails to comply with a provision of a decree or temporary order or injunction, the obligation of the other party to make payments for support or maintenance or to permit parenting time is not suspended; but said party may move the court to grant an appropriate order. S…

Colo. Rev. Stat. § 14-10-122 Modification and termination of provisions for maintenance, support, and property disposition - automatic lien - definitions

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(1) (a) Except as otherwise provided in sections 14-10-112 (6) and 14-10-115 (11)(c), the provisions of any decree respecting maintenance may be modified only as to installments accruing subsequent to the motion for modification and only upon a showing of changed circumstances so…

Colo. Rev. Stat. § 14-10-123 Commencement of proceedings concerning allocation of parental responsibilities - jurisdiction - automatic temporary injunction - enforcement - definitions

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(1) A proceeding concerning the allocation of parental responsibilities is commenced in the district court or as otherwise provided by law: (a) By a parent: (I) By filing a petition for dissolution or legal separation; or (II) By filing a petition seeking the allocation of parent…

Colo. Rev. Stat. § 14-10-123.3 Requests for parental responsibility for a child by grandparents

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Whenever a grandparent seeks parental responsibility for his or her grandchild pursuant to the provisions of this article, the court entering such order shall consider any credible evidence of the grandparent's past conduct of child abuse or neglect. Such evidence may include, bu…

Colo. Rev. Stat. § 14-10-123.4 Rights of children in matters relating to parental responsibilities

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(1) The general assembly hereby declares that children have certain rights in the determination of matters relating to parental responsibilities, including: (a) The right to have such determinations based upon the best interests of the child; (b) The right to be emotionally, ment…

Colo. Rev. Stat. § 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

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(1) The general assembly hereby finds, determines, and declares that domestic violence is a pervasive problem in society and that a significant portion of domestic violence in society occurs in or near the home. The general assembly further recognizes research demonstrating that …

Colo. Rev. Stat. § 14-10-123.7 Parental education - legislative declaration

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(1) The general assembly recognizes research that documents the negative impact divorce and separation can have on children when the parents continue the marital conflict, expose the children to this conflict, or place the children in the middle of the conflict or when one parent…

Colo. Rev. Stat. § 14-10-123.8 Access to records

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Access to information pertaining to a minor child, including but not limited to medical, dental, and school records, shall not be denied to any party allocated parental responsibilities, unless otherwise ordered by the court for good cause shown. Source: L. 98: Entire section add…

Colo. Rev. Stat. § 14-10-124 Best interests of the child

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(1) Legislative declaration. While co-parenting is not appropriate in all circumstances following dissolution of marriage or legal separation, the general assembly finds and declares that, in most circumstances, it is in the best interest of all parties to encourage frequent and …

Colo. Rev. Stat. § 14-10-124.4 Family time for grandparents or great-grandparents - legislative declaration - definitions

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(1) (a) The general assembly finds and declares that: (I) A close relationship between grandparents or great-grandparents and grandchildren or great-grandchildren can be beneficial for the health and well-being of grandchildren or great-grandchildren; and (II) Grandparents or gre…

Colo. Rev. Stat. § 14-10-124.5 Disputes concerning grandparent or great-grandparent family time

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(1) Upon a verified motion by a grandparent or great-grandparent who has been granted grandparent or great-grandparent family time or upon the court's own motion alleging that the person with legal custody or parental responsibilities of the child as determined by a court pursuan…

Colo. Rev. Stat. § 14-10-125 Temporary orders

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(1) A party to a proceeding concerning the allocation of parental responsibilities may move for a temporary order. The court may allocate temporary parental responsibilities, including temporary parenting time and temporary decision-making responsibility, after a hearing. (2) If …

Colo. Rev. Stat. § 14-10-126 Interviews

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(1) Upon a motion, the court may interview the child in chambers to ascertain the child's wishes as to the allocation of parental responsibilities. The court may permit counsel or a licensed legal paraprofessional to be present at the interview. The court shall cause a record of …

Colo. Rev. Stat. § 14-10-127 Evaluation and reports - training and qualifications of evaluators - disclosure - definitions

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(1) (a) (I) (A) In all proceedings concerning the allocation of parental responsibilities with respect to a child, the court may, upon motion of either party or upon its own motion, order any evaluator to perform an evaluation and file a written report concerning the disputed iss…

Colo. Rev. Stat. § 14-10-127.5 Domestic violence training for court personnel - expert testimony - child placement decisions - legislative declaration - definitions

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(1) (a) The general assembly finds and declares that: (I) Approximately fifteen million children are exposed each year to domestic violence or child abuse; (II) Most child abuse is perpetrated in the family and by a parent; (III) A child's risk of abuse increases after a perpetra…

Colo. Rev. Stat. § 14-10-128 Hearings

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(1) Proceedings concerning the allocation of parental responsibilities with respect to a child shall receive priority in being set for hearing. (2) The court may tax as costs the payment of necessary travel and other expenses incurred by any person whose presence at the hearing t…

Colo. Rev. Stat. § 14-10-128.1 Appointment of parenting coordinator - disclosure

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(1) Pursuant to the provisions of this section, at any time after the entry of an order concerning parental responsibilities and upon notice to the parties, the court may, on its own motion, a motion by either party, or an agreement of the parties, appoint a parenting coordinator…

Colo. Rev. Stat. § 14-10-128.3 Appointment of decision-maker - disclosure

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(1) In addition to the appointment of a parenting coordinator pursuant to section 14-10-128.1 or an arbitrator pursuant to section 14-10-128.5, at any time after the entry of an order concerning parental responsibilities and upon written consent of both parties, the court may app…

Colo. Rev. Stat. § 14-10-128.5 Appointment of arbitrator - de novo hearing of award

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(1) With the consent of all parties, the court may appoint an arbitrator to resolve disputes between the parties concerning the parties' minor or dependent children, including but not limited to parenting time, nonrecurring adjustments to child support, and disputed parental deci…

Colo. Rev. Stat. § 14-10-129 Modification of parenting time

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(1) (a) (I) Except as otherwise provided in subsection (1)(b)(I) of this section, the court may make or modify an order granting or denying parenting time rights whenever such order or modification would serve the best interests of the child. The trial court retains continuing ju…

Colo. Rev. Stat. § 14-10-129.5 Disputes concerning parenting time

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(1) Within thirty-five days after the filing of a verified motion by either parent or upon the court's own motion alleging that a parent is not complying with a parenting time order or schedule and setting forth the possible sanctions that may be imposed by the court, the court s…