C.R.S. Section 14-10-106
Dissolution of marriage

  • legal separation

(1)

Intentionally left blank —Ed.

(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 finds that the marriage is irretrievably broken; and

(III)

The court finds that ninety-one days or more have elapsed since it acquired jurisdiction over the respondent either as the result of process pursuant to rule 4 of the Colorado rules of civil procedure or as the result of the act of the respondent in joining as copetitioner in the petition or in entering an appearance in any other manner.

(b)

In connection with every decree of dissolution of marriage or decree of legal separation and to the extent of its jurisdiction to do so, the court shall consider, approve, or allocate parental responsibilities with respect to any child of the marriage, the support of any child of the marriage who is entitled to support, the maintenance of either spouse, and the disposition of property; but the entry of a decree with respect to parental responsibilities, support, maintenance, or disposition of property may be deferred by the court until after the entry of the decree of dissolution of marriage or the decree of legal separation upon a finding that a deferral is in the best interests of the parties.

(c)

In a proceeding to dissolve a marriage or in a proceeding for legal separation or in a proceeding for declaration of invalidity, the court is deemed to have made an adjudication of the parentage of a child of the marriage if the court acts under circumstances that satisfy the jurisdictional requirements of section 14-5-201 and the final order:

(I)

Expressly identifies a child as a “child of the marriage”, “issue of the marriage”, or similar words indicating that the husband is the father of the child; or

(II)

Provides for support of the child by the husband unless paternity is specifically disclaimed in the order.

(d)

Paternity is not adjudicated for a child not mentioned in the final order.

(2)

If a party requests a decree of legal separation rather than a decree of dissolution of marriage, the court shall grant the decree in that form unless the other party objects.

Source: Section 14-10-106 — Dissolution of marriage - legal separation, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-14.­pdf (accessed Oct. 20, 2023).

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 the best interests of the child - legal representative of the child - disclosure - short title 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 - definitions 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 14‑10‑123.6
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 the child 14‑10‑124.4
Family time for grandparents or great-grandparents - legislative declaration - definitions 14‑10‑124.5
Disputes concerning grandparent or great-grandparent family time 14‑10‑125
Temporary orders 14‑10‑126
Interviews 14‑10‑127
Evaluation and reports - training and qualifications of evaluators - disclosure 14‑10‑127.5
Domestic violence training for court personnel - expert testimony - child placement decisions - legislative declaration - definitions 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 14‑10‑131.7
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
Green check means up to date. Up to date

Current through Fall 2024

§ 14-10-106’s source at colorado​.gov