In re the Marriage of Green
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This case involves a dispute over the dissolution of a marriage between Barbara Henderson Green and Jeffry Howard Green. The couple was married in Connecticut in 1982 and lived in Nebraska for most of their marriage. In 2018, Mrs. Green moved to Colorado to assist their pregnant daughter, while Mr. Green remained in Nebraska. The Greens purchased two houses in Denver, one for themselves and one for their daughter. Mr. Green financially supported Mrs. Green from Nebraska and listed one of the Denver houses as an asset on his personal financial statements. In 2021, Mr. Green took out a loan secured by a mortgage on their Denver house, stating that his Nebraska home was his former residence and the Denver house was his primary residence. However, he continued to live in Nebraska. In 2022, both Mr. and Mrs. Green filed for divorce in separate jurisdictions—Mrs. Green in Colorado and Mr. Green in Nebraska.
The Colorado trial court found that Mr. Green had the requisite minimum contacts to be subject to general personal jurisdiction in Colorado. This decision was largely based on Mr. Green's assertion that the Denver house was his primary residence when he applied for a loan. The court concluded that Mr. Green's continuing financial obligations in Colorado meant that he could reasonably anticipate being haled into court there, and thus it denied his motion to dismiss.
The Supreme Court of the State of Colorado reviewed the case and held that for a court to exercise general personal jurisdiction over an individual, the individual must be domiciled within the state. The court found that Mr. Green was not domiciled in Colorado and therefore was not subject to general personal jurisdiction there. The court made the rule to show cause absolute and remanded for further proceedings consistent with this opinion.
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