Where to File Your Family Law Case

When you start a family law case, like a divorce or custody case, the court must first decide if it has the legal authority to hear it.

That power is called jurisdiction. Without jurisdiction, a judge cannot enter valid orders about your marriage, property, or children.

Venue is different. It means the county in Colorado where your case should be filed and heard. Venue depends on where you, the other person, or the children live.

This guide explains how to determine both the right state and the right county to file your family law case.

Which court handles family law cases?

There are different levels of trial courts in Colorado, including county court and district court. Colorado District Courts handle most family law cases, including:

• Divorce and legal separation 
• Custody cases (called Allocation of Parental Responsibilities, meaning parenting time and decision-making)
• Child Support when it is part of a divorce case or custody case
• Civil Protection Orders when they are part of a divorce or custody case 
  • If you only need a civil protection order, you usually file in county court.

If you need help applying for child support only, Child Support Services can help you file a separate case.

If a case is filed in the wrong type of court, the judge cannot rule on the case—even if everyone agrees.

What about court authority?

The court must have authority over the people in the case to issue orders.

• Colorado courts have this authority over both people if they both live in Colorado.
• In a divorce case, if one person lives in another state, the court may only be able to end the marriage (called enter a decree) but not divide property or enter spousal support—unless the other party was served with divorce while in Colorado or agrees that Colorado can handle the full case.

Which state handles custody if the other parent doesn’t live in Colorado?

A federal law called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) decides which state’s court can make custody and parenting-time orders.  Usually, you must file your case in the child’s “home state.”

• A child’s home state is where the child has lived for at least six months before the case is filed.
• If the child has not lived in Colorado for six months, the other state where the child lived should handle the custody case.
• For a custody case (or custody in a divorce), the Court can enter Allocation of Parental Responsibility orders (this is what Colorado calls “custody” and it includes parenting time and decision making) even if one of the parents does not meet the criteria for personal jurisdiction listed above.   

Exceptions:

• Colorado can issue temporary emergency orders if a child is in danger or needs protection, even if they have lived here for less than six months.   
• If no state qualifies as the child’s “home state” (for example, there have been many moves), a Colorado court may still be able to enter custody orders.

It is important to show that the child has lived in Colorado for at least 6 months before you file a case. If there is any question about how long the child has lived in Colorado, you should look for evidence (for example, school records) to show where the child has been living.

What happens if the court doesn’t have jurisdiction?

If the court doesn’t have jurisdiction:

• The case could be dismissed or delayed.
• Any orders issued may not be enforceable.
• You may have to refile it in another state.

What county should I file my case in?

Once you know Colorado is the correct state, you must decide which county to file in.

• Custody cases (called Allocation of Parental Responsibilities): File where the parents live. If in different counties, file in the district court in the county where the child permanently lives or is currently located.
• Divorce cases: File in the county where the spouse being served lives — not the spouse who is filing.

If the case is filed in the wrong county, the other person can ask the court to move it to the right county. If you ask to change venue, explain why you want to do so. If you want to change venue, you must act quickly:

• If you are served in Colorado: you have 21 days to file a request to change venue.
• If you are served outside Colorado: you have 35 days to file a request to change venue.
   

Need more help?

If you are low-income, a senior, or a veteran, you may qualify for free legal help from Colorado Legal Services (CLS). To apply or ask if you might qualify, go to the CLS website and find the office that serves your area. If you call or visit, CLS can help you in your native language.

You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.