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Assuming the state has subject-matter jurisdiction, the state divorce court can obtain personal jurisdiction over a servicemember just as it can over a civilian:

  • Serving the servicemember within the state of Colorado,
  • The servicemember consented to jurisdiction by filing the petition for dissolution or legal separation or by signing a waiver and acceptance of service, or
  • Satisfying the requirements of the state's long-arm statute.  The Colorado long-arm statute, codified at C.R.S. 13-1-124, provides that Colorado has jurisdiction for child support and maintenance over a person who left the state providing that the petitioner-spouse has maintained continuous matrimonial jurisdiction since then.

 

Military Retirement

Personal jurisdiction over a servicemember alone may not be sufficient to give the state divorce court subject-matter jurisdiction to divide the military retirement. See Division of Military Retirement for more information.