Senate Bill 25-116 Introduced

A Bill for an Act

• Page 1, Line 101Concerning spousal maintenance guidelines to protect

• Page 1, Line 102victims of domestic violence.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

Current law requires a party petitioning the court for dissolution of marriage or legal separation (petition) to disclose to the court the existence of any prior temporary or permanent restraining orders and civil protection orders, any mandatory restraining orders and protection orders, and any emergency protection orders entered against either party within 2 years prior to the filing of the petition. The bill requires the disclosure of any orders entered within 5 years prior to the filing of the petition.

When dividing marital property, the bill requires the court to consider as a relevant factor whether a mandatory protection order has been entered against a spouse within 5 years prior to the filing of the petition.

The bill prohibits the court from awarding spousal maintenance to a spouse who has had a mandatory protection order entered against them within 5 years prior to the filing of the petition.

If a mandatory protection order has been entered against a party within 5 years prior to the filing of the petition, the bill authorizes the court to order the restrained party to pay the other party's attorney fees or licensed legal paraprofessional fees from marital property. The non-restrained party must not be required to pay the restrained party's attorney fees or licensed legal paraprofessional fees from the non-restrained party's separate property.

If a mandatory protection order has been entered against a party within 5 years prior to the filing of the petition, the bill authorizes the other party to request the date of legal separation be the date the mandatory protection order was issued against the restrained party.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 14-10-107.8, amend (1) as follows:

• Page 2, Line 314-10-107.8.  Required notice of prior restraining, civil

• Page 2, Line 4protection, or emergency protection orders to prevent domestic abuse

• Page 2, Line 5- petitions for dissolution of marriage or legal separation. (1)  When

• Page 2, Line 6filing a petition for dissolution of marriage or legal separation pursuant

• Page 2, Line 7to this article article 10, the filing party shall have has a duty to

• Page 2, Line 8disclose to the court the existence of any prior temporary or permanent

• Page 2, Line 9restraining orders and civil protection orders to prevent domestic abuse

• Page 2, Line 10issued pursuant to article 14 of title 13, C.R.S., any mandatory restraining

• Page 2, Line 11order and protection orders issued pursuant to section 18-1-1001, C.R.S.,

• Page 2, Line 12and any emergency protection orders issued pursuant to section

• Page 2, Line 1313-14-103 C.R.S., entered against either party by any court within two

• Page 3, Line 1five years prior to the filing of the petition of dissolution of marriage or

• Page 3, Line 2legal separation. The disclosure required pursuant to this section shall

• Page 3, Line 3must address the subject matter of the previous restraining, civil

• Page 3, Line 4protection, or emergency protection orders, including the case number and jurisdiction issuing such the orders.

• Page 3, Line 5SECTION 2.  In Colorado Revised Statutes, 14-10-113, amend (1) introductory portion; and add (1.5) as follows:

• Page 3, Line 614-10-113.  Disposition of property - definitions. (1)  In a

• Page 3, Line 7proceeding for dissolution of marriage, or in a proceeding for legal

• Page 3, Line 8separation, or in a proceeding for disposition of property following the

• Page 3, Line 9previous dissolution of marriage by a court which at the time of the prior

• Page 3, Line 10dissolution of the marriage lacked personal jurisdiction over the absent

• Page 3, Line 11spouse or lacked jurisdiction to dispose of the property, the court, subject

• Page 3, Line 12to the provisions of subsection (7) of this section, shall set apart to each

• Page 3, Line 13spouse his or her spouse's property and shall divide the marital property,

• Page 3, Line 14without regard to marital misconduct except as provided in subsection

• Page 3, Line 15(1.5) of this section, in such proportions as the court deems just after considering all relevant factors including:

• Page 3, Line 16(1.5)  Notwithstanding subsection (1) of this section to the

• Page 3, Line 17contrary, when dividing marital property, the court shall

• Page 3, Line 18consider as a relevant factor whether a mandatory protection

• Page 3, Line 19order has been entered against a spouse pursuant to section

• Page 3, Line 2018-1-1001 and the other spouse was the protected person within

• Page 3, Line 21five years prior to the filing of the petition of dissolution of marriage or legal separation.

• Page 3, Line 22SECTION 3.  In Colorado Revised Statutes, 14-10-114, amend

• Page 3, Line 23(3)(d) as follows:

• Page 4, Line 114-10-114.  Spousal maintenance - advisory guidelines -

• Page 4, Line 2legislative declaration - definitions. (3) (d)  After considering the

• Page 4, Line 3provisions of this section and making the required findings of fact, the

• Page 4, Line 4court shall award maintenance only if it the court finds that the spouse

• Page 4, Line 5seeking maintenance lacks sufficient property, including marital property

• Page 4, Line 6apportioned to him or her the spouse, to provide for his or her the

• Page 4, Line 7spouse's reasonable needs and is unable to support himself or herself the

• Page 4, Line 8spouse's self through appropriate employment or is the custodian of a

• Page 4, Line 9child whose condition or circumstances make it inappropriate for the

• Page 4, Line 10spouse to be required to seek employment outside the home; except

• Page 4, Line 11that the court shall not award maintenance to a spouse who has

• Page 4, Line 12had a mandatory protection order entered against them

• Page 4, Line 13pursuant to section 18-1-1001 and the other spouse was the

• Page 4, Line 14protected person within five years prior to the filing of the petition of dissolution of marriage or legal separation.

• Page 4, Line 15SECTION 4.  In Colorado Revised Statutes, amend 14-10-119 as follows:

• Page 4, Line 1614-10-119.  Attorney and licensed legal paraprofessional fees.

• Page 4, Line 17The court from time to time, after considering the financial resources of

• Page 4, Line 18both parties, may order a party to pay a reasonable amount for the cost to

• Page 4, Line 19the other party of maintaining or defending any proceeding pursuant to

• Page 4, Line 20this article 10 and for attorney fees or licensed legal paraprofessional

• Page 4, Line 21fees, including sums for legal services rendered and costs incurred prior

• Page 4, Line 22to the commencement of the proceeding or after entry of judgment. The

• Page 4, Line 23court may order that the amount be paid directly to the attorney or the

• Page 4, Line 24licensed legal paraprofessional, who may enforce the order in the

• Page 4, Line 25attorney's or the licensed legal paraprofessional's name. If a mandatory

• Page 5, Line 1protection order has been entered against a party pursuant to

• Page 5, Line 2section 18-1-1001 within five years prior to the filing of the

• Page 5, Line 3petition of dissolution of marriage or legal separation and the

• Page 5, Line 4other party was the protected person, the court may order the

• Page 5, Line 5restrained party to pay the other party's attorney fees or

• Page 5, Line 6licensed legal paraprofessional fees from marital property. The

• Page 5, Line 7court shall not require a non-restrained party to pay the

• Page 5, Line 8restrained party's attorney fees or licensed legal

• Page 5, Line 9paraprofessional fees from the non-restrained party's separate property.

• Page 5, Line 10SECTION 5.  In Colorado Revised Statutes, 14-10-120, amend (1) as follows:

• Page 5, Line 1114-10-120.  Decree. (1)  A decree of dissolution of marriage or of

• Page 5, Line 12legal separation is final when entered, subject to the right of appeal. An

• Page 5, Line 13appeal from the decree of dissolution that does not challenge the finding

• Page 5, Line 14that the marriage is irretrievably broken does not delay the finality of that

• Page 5, Line 15provision of the decree which dissolves the marriage beyond the time for

• Page 5, Line 16appealing from that provision, so that either of the parties may remarry

• Page 5, Line 17pending appeal. If a mandatory protection order has been entered

• Page 5, Line 18against a party pursuant to section 18-1-1001 within five years

• Page 5, Line 19prior to the filing of the petition of dissolution of marriage or

• Page 5, Line 20legal separation and the other party was the protected person,

• Page 5, Line 21the other party may request the date of legal separation be the

• Page 5, Line 22date the mandatory protection order was issued against the restrained party.

• Page 5, Line 23SECTION 6.  Act subject to petition - effective date -

• Page 5, Line 24applicability. (1)  This act takes effect at 12:01 a.m. on the day following

• Page 6, Line 1the expiration of the ninety-day period after final adjournment of the

• Page 6, Line 2general assembly; except that, if a referendum petition is filed pursuant

• Page 6, Line 3to section 1 (3) of article V of the state constitution against this act or an

• Page 6, Line 4item, section, or part of this act within such period, then the act, item,

• Page 6, Line 5section, or part will not take effect unless approved by the people at the

• Page 6, Line 6general election to be held in November 2026 and, in such case, will take

• Page 6, Line 7effect on the date of the official declaration of the vote thereon by the governor.

• Page 6, Line 8(2)  This act applies to petitions for dissolution of marriage or legal

• Page 6, Line 9separation that are filed on or after the applicable effective date of this act.