Free ______________________County, Colorado District Court - Colorado


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District Court ____________________________ County, Colorado Court Address: In re the Marriage of: Petitioner: and Respondent: Attorney or Party Without Attorney (Name and Address):

COURT USE ONLY Case Number:

Phone Number: FAX Number:

E-mail: Atty. Reg. #:

Division

Courtroom

SUMMONS FOR:

DISSOLUTION OF MARRIAGE OR

LEGAL SEPARATION

To the Respondent named above, this Summons serves as a notice to appear in this case.
If you were served in the State of Colorado, you must file your Response with the clerk of this Court within 20 days after this Summons is served on you to participate in this action. If you were served outside of the State of Colorado or you were served by publication, you must file your Response with the clerk of this Court within 30 days after this Summons is served on you to participate in this action.

Your response must be accompanied with the applicable filing fee of $106.00.
After 90 days from the date of service or publication, the Court may enter a Decree affecting your marital status, distribution of property and debts, issues involving children such as child support, allocation of parental responsibilities (decision-making and parenting time), maintenance, attorney fees, and costs to the extent the Court has jurisdiction. If you fail to file a Response in this case, any or all of the matters above, or any related matters which come before this Court, may be decided without further notice to you. This is an action to obtain a Decree of: Dissolution of Marriage or Legal Separation as more fully described in the attached Petition, and if you have children, for orders regarding the children of the marriage. Notice: §14-10-107, C.R.S. provides that upon the filing of a Petition for Dissolution of Marriage or Legal Separation by the Petitioner and Co-Petitioner, or upon personal service of the Petition and Summons on the Respondent, or upon waiver and acceptance of service by the Respondent, an automatic temporary injunction shall be in effect against both parties until the Final Decree is entered, or the Petition is dismissed, or until further Order of the Court. Either party may apply to the Court for further temporary orders, an expanded temporary injunction, or modification or revocation under §14-10-108, C.R.S. or any other appropriate statute. A request for genetic tests shall not prejudice the requesting party in matters concerning allocation of parental responsibilities pursuant to §14-10-124(1.5), C.R.S. If genetic tests are not obtained prior to a legal establishment of paternity and submitted into evidence prior to the entry of the final decree of dissolution or legal separation, the genetic tests may not be allowed into evidence at a later date.

Automatic Temporary Injunction ­ By Order of the Court, You and Your Spouse are:
1. Restrained from transferring, encumbering, concealing or in any way disposing of, without the consent of the other party or an Order of the Court, any marital property, except in the usual course of business or for the necessities of life. Each party is required to notify the other party of any proposed extraordinary expenditures and to account to the Court for all extraordinary expenditures made after the injunction is in effect; Enjoined from molesting or disturbing the peace of the other party; Restrained from removing the minor children of the parties, if any, from the State without the consent of the other party or an Order of the Court; and Restrained without at least 14 days advance notification and the written consent of the other party or an Order of the Court, from canceling, modifying, terminating, or allowing to lapse for nonpayment of premiums, any policy of health insurance, homeowner's or renter's insurance, or automobile insurance that provides coverage to either of the parties or the minor children or any policy of life insurance that names either of the parties or the minor children as a beneficiary.

2. 3. 4.

Date: _______________________________

______________________________________
Signature of the Clerk of Court/Deputy

_____________________________________
Signature of the Attorney for the Petitioner (if any) JDF 1102 R8/08 SUMMONS FOR DISSOLUTION OF MARRIAGE OR LEGAL SEPARATION Page 1 of 2

District Court ___________________________ County, Colorado Court Address:

In re the Marriage of: Petitioner: ______________________________________ and Respondent:____________________________________ Division Courtroom COURT USE ONLY Case Number:

WAIVER AND ACCEPTANCE OF SERVICE

RETURN OF SERVICE

I declare under oath that I am the Respondent in this case, that I have received and accept service of the Summons, a copy of Case Management Order, Notice of Initial Status Conference, and Other (Please the Petition, and if applicable the identify): ___________________________________________________________________________________in this case. This waiver of service shall not be construed as an admission by me of the truth of the allegations in the Petition and I reserve the right to receive notices of settings and the right to respond and appear in person. Note: If you are in the active military service of the United States of America, you may be entitled to request a temporary suspension of these proceedings under the Servicemembers Civil Relief Act (50 U.S.C. §520, et seq.). Please consult with your base legal officer or the attorney of your choice. I have decided to waive the stay provisions of the Servicemembers Civil Relief Act (50 U.S.C. §520, et seq.) as well as my right to court-appointed counsel under the Act and permit the action to proceed. This waiver of service shall not be construed as an admission by me of the truth of the allegations in the Petition.

Dated: ______________________________________

___________________________________
Signature of Respondent

Subscribed and affirmed, or sworn to before me in the County of ______________________, State of _________________, this ___________ day of _______________, 20 _______. My Commission Expires: ________________________ ___________________________________
Notary Public/Clerk

RETURN OF SERVICE
I declare under oath that I am 18 years or older and not a party to the action and that I served this Summons, a copy of the Petition, and if applicable the Case Management Order, Notice of Initial Status Conference, and Other (Please identify): _________________________________________ in this case on the Respondent in _________________ (County) ____________________ (State) on __________________ (date) __________ (time) at the following location: ____________________________________________________________________________________________________ By (Check one): By handing it to a person identified to me as the Respondent. By leaving it with _________________________________________ (Type or write name legibly), who is designated to receive service for the Respondent because of the following relationship with the Respondent: ___________________________________________________ as provided for in C.R.C.P. 4(e). I attempted to serve the Respondent on _______ occasions but have not been able to locate the Respondent. Return to the Petitioner is made on ___________________ (date). I attempted to leave it with Respondent who refused service. Private process server Sheriff, _________________________County Fee $ ____________ Mileage $ ________ ___________________________________
Signature of Process Server

___________________________________
Name (Print or type)

Subscribed and affirmed, or sworn to before me in the County of ______________________, State of this ___________ day of _______________, 20 _______. My Commission Expires: ________________________
JDF 1102 R8/08 Notary Public/Clerk SUMMONS FOR DISSOLUTION OF MARRIAGE OR LEGAL SEPARATION

________________,

___________________________________
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