Fill and Sign the Affidavit Decree Without Appearance Form

District Court____________________________ County, Colorado Court Address: In re the Marriage of: Petitioner: and Co-Petitioner/Respondent: COURT USE ONLY Attorney or Party Without Attorney (Name and Address) : Phone Number: E-mail: FAX Number: Atty. Reg. #: Case Number: Division Courtroom AFFIDAVIT FOR DECREE WITHOUT APPEARANCE OF PARTIES (MARRIAGE) Please complete the appropriate information in Numbers 1 – 7 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 or a Decree of Legal Separation without appearance of the parties. 1. The Petition for Dissolution of Marriage/Petition for Legal Separation was filed on _______________________ (date). On that date,  Petitioner and/or  Co-Petitioner/Respondent _________________________ (name) had been domiciled in Colorado for more than 91 days immediately before the Petition for Dissolution of Marriage/Petition for Legal Separation was filed. 2. The Petition and Summons were served by: (check one)  A Co-Petitioner filing. (When both parties sign the Petition – JDF 1101)  Personal service (service by Return of Service/Affidavit of Service) on _______________________ (date).  Waiver of service (Respondent signs Waiver to accept service) signed on ____________________ (date).  Publication/Certified Mail ( Note: Service by either of these methods is only allowed by Court Order.) The publication occurred on (date) OR the return receipt for Certified Mail was signed by the Respondent on (date). 3.  There are no minor child(ren) and a party to the marriage is not presently expecting a child. 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 signed and notarized by both parties and 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.  5.  Petitioner  Co-Petitioner/Respondent acknowledge(s) that they have reviewed the maintenance guidelines contained in §14-10-114, C.R.S. 6.  The parties agree that there are no genuine issues of material fact and the marriage is irretrievably broken. 7.  The  Petitioner  Co-Petitioner/Respondent wishes to have the prior full name of _________________________________ restored. The restoration of the prior name will not defraud any creditors or injure third parties. JDF 1201 R8-17 AFFIDAVIT FOR DECREE WITHOUT APPEARANCE OF PARTIES Page 1 of 2 © 2017 Colorado Judicial Department for use in the Courts of Colorado 8. Other: The  Petitioner and/or  Co-Petitioner/Respondent request that the attached Decree of Dissolution of Marriage/Decree of Legal Separation be entered after the statutory waiting period has elapsed.  By checking this box, I am acknowledging I am filling in the blanks and not changing anything else on the form.  By checking this box, I am acknowledging that I have made a change to the original content of this form. (Checking this box requires you to remove JDF number and copyright at the bottom of the form.) VERIFICATION AND ACKNOWLEDGEMENT I swear/affirm under oath that I have read the foregoing Affidavit and that the statements set forth therein are true and correct to the best of my knowledge. Petitioner:  Co-Petitioner  Respondent (check one): ______________________________________ ______________________________________ Signature Date Signature Date ______________________________________ ______________________________________ Address Address ______________________________________ ______________________________________ City State Zip Code City State Zip Code ______________________________________ ______________________________________ Home Phone # Cell # Home Phone # Cell # ______________________________________ ______________________________________ Attorney Signature, if any Attorney Signature, if any Subscribed and affirmed, or sworn to before me Subscribed and affirmed, or sworn to before me in the County of ________________________, in the County of _______________________, State of ____________________, this _______ State of ___________________, this _______ day of ___________________, 20 _____. day of ___________________, 20 _____. My Commission Expires: My Commission Expires: Notary Public/Clerk Notary Public/Clerk CERTIFICATE OF SERVICE (If only one party signs this Affidavit, you must complete the Certificate of Service below.) I certify that on ____________________ (date) a true and accurate copy of the AFFIDAVIT FOR DECREE WITHOUT APPEARANCE OF PARTIES (MARRIAGE) 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: ______________________________________ ______________________________________ ______________________________________ _______________________________________ (Your signature) JDF 1201 R8-17 AFFIDAVIT FOR DECREE WITHOUT APPEARANCE OF PARTIES Page 2 of 2 © 2017 Colorado Judicial Department for use in the Courts of Colorado