In the case In re Marriage of Carey (24CA2006), the Colorado Court of Appeals affirmed a district court judgment dissolving a marriage and addressed, for the first time in a published opinion, key questions about finality and appellate review of magistrate orders in domestic relations cases.
The division held that the magistrate properly determined the parties were not common law married prior to their ceremonial marriage and had authority to enter a decree of dissolution before permanent orders, given the husband’s terminal illness. The court also concluded the statutory 91-day waiting period for entering a dissolution decree was satisfied, even though the case initially began as a petition for invalidity rather than dissolution.
In addition, the opinion clarifies how finality operates for district court review of magistrate decisions versus appellate review by the 10th Circuit Court of Appeals. The decision provides important procedural guidance for courts and practitioners handling magistrate-issued orders in Title 14 cases.
Read the full published opinion at coloradojudicial.gov/system/files/opinions-2026-01/24CA2006-PD_1.pdf.