Fill and Sign the Declaration Invalidity 497300317 Form

District Court ___________________________ County, Colorado Court Address: In re the Marriage of: Petitioner: and Co-Petitioner/Respondent: COURT USE ONLY Case Number: Division Courtroom DECREE OF DECLARATION OF INVALIDITY OF MARRIAGE This matter was reviewed by the Court on (date). Petitioner  Co-Petitioner  Respondent  Appeared in person  Appeared in person  Did not appear  Was represented by an attorney Attorney Name:  Was represented by an attorney Attorney Name: The Court has examined the record and makes the following findings: 1. The Court has jurisdiction over the parties because:  The parties filed jointly on (date).  The Respondent ___________________________________ (name) was served with a Summons on _____________ (date) at (location).  The Respondent signed a waiver on (date).  Publication of the Summons occurred on (date). 2. The  Petitioner  Co-Petitioner/Respondent had residence in Colorado for 30 days before this case was filed or  the parties were married in Colorado on (date). 3. Grounds for the Declaration of Invalidity are as follows:  A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs, or other incapacitating substances.  A party lacked the physical capacity to consummate the marriage by sexual intercourse, and the other party did not at the time the marriage was solemnized know of the incapacity.  A party was under the age as provided by law and did not have the consent of his parents or guardian or judicial approval as provided by law.  One party entered into the marriage in reliance upon a fraudulent act or representation of the other party, which fraudulent act or representation goes to the essence of the marriage. JDF 1603 R7/13 DECREE OF DECLARATION OF INVALIDITY OF MARRIAGE © 2013 Colorado Judicial Department for use in the Courts of Colorado Page 1 of 3  One or both parties entered into the marriage under duress exercised by the other party or a third party, whether or not such other party knew of such exercise of duress.  One or both parties entered into the marriage as a jest or dare.  The marriage is prohibited by law, including the following:  A marriage entered into prior to the dissolution of an earlier marriage of one of the parties;  A marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood;  A marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs of aboriginal cultures;  A marriage which was void by the law of the place where such marriage was contracted. 4.  The Separation Agreement between the parties is found to be not unconscionable as to support, maintenance (spousal support), and division of property and debts, and is incorporated herein. 5.  All provisions in the Parenting Plan regarding the children are in the best interests of the children, including residence, allocation of parental responsibility (including decision-making responsibilities and parenting time), and any other orders necessary to effectuate the best interests of the children. 6.  The name change request is not detrimental to any person. The Court Orders:  The marriage of the parties shall be declared invalid as of (the date of the marriage).  Each party shall be ordered to pay his or her own attorney’s fees and costs herein.  Each party shall perform all of the applicable provisions of the separation agreement or permanent orders.  The Separation Agreement filed on (date) is incorporated into this Decree. or  Has been read into the record and will be reduced to writing and filed on or before _____________ (date).  The Parenting Plan filed on (date) is incorporated into this Decree. or  The Court has entered permanent orders, which will be reduced to writing and filed, on or before ____________________________ (date). or  It is in the best interests of the parties that the Court has entered a Decree, even though there are no permanent orders on this date. JDF 1603 R7/13 DECREE OF DECLARATION OF INVALIDITY OF MARRIAGE © 2013 Colorado Judicial Department for use in the Courts of Colorado Page 2 of 3 or  Permanent orders are set forth below:  Any Support Order entered will become part of this Decree.  A Protection/Restraining Order was issued on (date). The Protection/Restraining Order is:  Vacated.  Continued to (date) pursuant to §13-14-106(1)(c), C.R.S.  No changes have been made to the existing Protection/Restraining Order  Changes have been made to the existing Protection/Restraining Order, as follows.  The is granted a restoration of the prior name .  Other: Date: ____________________________ _______________________________________  Judge  Magistrate JDF 1603 R7/13 DECREE OF DECLARATION OF INVALIDITY OF MARRIAGE © 2013 Colorado Judicial Department for use in the Courts of Colorado Page 3 of 3