Free ______________________County, Colorado District Court - Colorado


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http://www.courts.state.co.us/Forms/PDF/JDF%201201%20Affidavit%20for%20Decree%20without%20Appearance%20of%20Parties.pdf

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District Court____________________________ County, Colorado Court Address: In re the Marriage of: Petitioner: And Co-Petitioner/Respondent: Attorney or Party Without Attorney (Name and Address):

COURT USE ONLY Case Number:

Phone Number: FAX Number:

E-mail: Atty. Reg. #:

Division

Courtroom

AFFIDAVIT FOR DECREE WITHOUT APPEARANCE OF PARTIES
Please complete the appropriate information in Numbers 1 ­ 6 prior to filing with the Court.
The Petitioner and/or Co-Petitioner/Respondent files this Affidavit in support of a request for issuance of a Decree of Dissolution of Marriage without appearance of the parties.

1. The Petition for Dissolution of Marriage was filed on __________________________ (date). On that date, Petitioner and/or Co-Petitioner/Respondent __________________________________________ (name) had been domiciled in Colorado for more than 90 days immediately before the Petition for Dissolution of Marriage was filed.

2. The Petition and Summons were served by: (check one) A Co-Petitioner filing. Personal service on _________________________ (date). Waiver of service signed on ________________________ (date). Publication/Certified Mail (Note: Service by either of these methods is only allowed by Court Order.) The publication occurred on signed by the Respondent on (date) OR the return receipt for Certified Mail was (date).

3.

There are no minor child(ren) and wife is not pregnant.

or
There are minor child(ren) and each party is represented by counsel. The parties have completed a Parenting Plan that provides for the allocation of parental responsibilities (decision-making responsibilities and parenting time) and have reached an agreement with respect to child support, and medical/dental insurance of the child(ren) of the marriage. The Parenting Plan is in the best interests of the child(ren). (The Parenting Plan must be filed with the Court.)

4. Check only one. The parties have signed a written Separation Agreement. The parties have completed a Separation Agreement that provides for the division of all marital property and marital debts, and addresses spousal support/maintenance. The parties agree that the Separation Agreement is fair and not unconscionable. (The Separation Agreement must be filed with the Court.)

or
There is no marital property to be divided and there are no marital debts and neither party requests spousal support/maintenance.
JDF 1201 R2/09 AFFIDAVIT FOR DECREE WITHOUT APPEARANCE OF PARTIES Page 1 of 2

5.

There are no genuine issues of material fact and the marriage is irretrievably broken.

6.

The Petitioner Co-Petitioner/Respondent wishes to have the prior name of _________________________________ restored. The restoration of the prior name will not defraud any creditors or injure third parties.

7. Other:

The Petitioner and/or Co-Petitioner/Respondent request that the attached Decree of Dissolution of Marriage be entered after the statutory waiting period has elapsed. Petitioner: ______________________________________ Signature Date ______________________________________ Address ______________________________________ City State Zip Code ______________________________________ Home Phone # Cell # ______________________________________ Attorney Signature, if any Co-Petitioner Respondent (check one):

______________________________________ Signature Date ______________________________________ Address ______________________________________ City State Zip Code ______________________________________ Home Phone # Cell # ______________________________________ Attorney Signature, if any

Subscribed and affirmed, or sworn to before me in the County of ________________________, State of ____________________, this _______ day of ___________________, 20 _____. My Commission Expires:
Notary Public/Clerk

Subscribed and affirmed, or sworn to before me in the County of _______________________, State of ___________________, this _______ day of ___________________, 20 _____. My Commission Expires:
Notary Public/Clerk

CERTIFICATE OF SERVICE

(If only one party signs this Affidavit, complete the Certificate of Service below.)
I certify that on ____________________ (date) the original was filed with the Court; and a true and accurate copy of the AFFIDAVIT FOR DECREE WITHOUT APPEARANCE OF PARTIES was served on the other party by: Hand Delivery, E-filed, Faxed to this number _________________________, or by placing it in the United States mail, postage pre-paid, and addressed to the following: To: ______________________________________ ______________________________________ ______________________________________ _______________________________________
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