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What does contesting jurisdiction mean?

Calhan, CO |

I have just started my divorce and my EX has a lawyer in Colorado but My EX resides in Tennessee. so his attorney sent me a letter for Limited entry of Appearence to Contest Jurisdiction.. please help

Attorney Answers 4

  1. Contesting jurisdiction means they are going to assert that the court in which you filed the case does not have the legal authority to grant you a divorce, presumably because they allege you do not meet the residency requirement of the state of Colorado.

  2. Jurisdiction means the court does have the authority to rule on your case. Lack of jurisdiction, usually based on residential requirements, means the court does not have authority to rule on your case.This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

  3. It sounds like your husband is asserting that Colorado does not have personal jurisdiction over him because you and he have not lived in Colorado during the marriage. If this is the case, Colorado may only have jurisdiction to grant a divorce but not to enter any financial orders against him for support, etc.

  4. If you did not reside in Colorado for 90 days prior to filing for divorce, then the case must be dismissed because Colorado does not have jurisdiction to grant you a divorce.

    If you did reside in Colorado for 90 days prior to filing, then Colorado does have jurisdiction to grant a divorce -- although in some cases certian issues (particularly issues involving children) might not be appropriately heard here. Usually children must be in the state for 180 days before Colorado will have jurisdiction to address issues affecting child custody.

    If issues of child custody are involved, you should hire an attorney to explain the UCCJA to you.

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