How do I fill out the Response to Petition for Dissolution of Marriage? 2 Answers as of June 03, 2011

My spouse has filed for divorce in New Mexico (granted, I don't think he meets the residency requirements; he's deployed and his mother is filing for him, she lives in NM; his home of record is in New Mexico, but he hasn't lived there for over a year and doesn't own the house). Under the UCCJEA, Colorado has jurisdiction over the children. How do I fill out the Response to Petition for Dissolution of Marriage to reflect that?

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Simply state the facts and your conclusion that NM doesn't have jurisdiction over the children under the UCCJEA. If you have never lived in NM it is unlikely that NM has jurisdiction over you either, so the most that a NM court could do is dissolve the marriage if it believes that your husband meets the residency requirements. You should simply object to the court's jurisdiction and, in particular, state that you do not believe the court has any personal jurisdiction over you because you have never lived there. Your use of the term "home of record" suggests that your husband is in the military service and, therefore, it is possible that he has retained residency (domicile) in NM, but you need to know that "home of record" and "domicile" do not mean the same thing - HOR is simply the place from which he entered military service. You should consult an attorney to be sure that you properly state all the relevant facts.
Answer Applies to: Colorado
Replied: 6/3/2011
Van Der Jagt Law Firm
Van Der Jagt Law Firm | Grant Van Der Jagt
There is a lot that you should cover in your filing. You are right about the UCCJEA having rules, but you should sit down with a lawyer to discuss all potential strategies.
Answer Applies to: Colorado
Replied: 6/2/2011
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