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When individuals face the often difficult decision to end a marriage or seek legal separation, they encounter various legal forms that must be navigated with care and precision. Among these documents is the JDF 1101 form, a critical piece in the puzzle for those within Colorado looking to petition the District Court for either the dissolution of their marriage or a legal separation. This form, officially known as the Petition for Dissolution or Legal Separation, serves as the initial step in formalizing the end of a marital relationship through the Colorado court system. It encompasses sections that require detailed information about both parties involved — the Petitioner and the Respondent (or Co-Petitioner) — including personal identification, residency details, and the specifics of any children that may be affected by the proceedings. Furthermore, it requires disclosure of key dates such as the marriage and separation dates, anticipates the involvement of children under the Indian Child Welfare Act, addresses matters of child support and the division of property, and mandates the disclosure of any protective orders or pending legal actions that might impact the decree being sought. Completing the JDF 1101 form accurately is paramount as it sets the foundation for how these significant life changes will be legally recognized, ensuring the protection of all parties' rights and the welfare of any children involved.

Preview - Jdf 1101 Form

District Court

 

 

Colorado County:

 

 

Court Address:

 

 

Parties:

 

 

Petitioner:

 

 

&

 

 

Respondent:

 

Court Use Only

(or Co-petitioner)

 

Filed by:

 

Case

Name:

 

 

Number:

Address:

 

 

Division:

Phone

Fax:

Courtroom:

Email:

Bar Number:

 

 

(For lawyers)

 

Petition for:

Dissolution

Legal Separation

If children are part of this action, please check here

1.This petition is filed pursuant to C.R.S. § 14-10-106.

2.The Marriage is irretrievably broken.

3. Information about the Petitioner: Check if in Military

Full Legal Name: ___________________________________________ Date of Birth: _________________

Length of Current Residency in Colorado:

 

(Years/months) Dates:

Current Mailing Address:

 

 

 

 

 

 

 

 

 

Apt.#________

City:

 

 

State:

Zip Code: ___________ Home Phone #:

 

 

 

 

 

 

 

 

 

 

 

 

Email Address: _______________________________ Cell Phone #:

4. Information about the Co-Petitioner/Respondent: Check if in Military

Full Legal Name: ___________________________________________ Date of Birth: _________________

Length of Current Residency in Colorado:

 

(Years/months) Dates:

Current Mailing Address:

 

 

 

 

 

 

 

 

 

Apt.#________

City:

 

 

State:

Zip Code: ___________ Home Phone #:

 

 

 

 

 

 

 

 

 

 

 

 

Email Address: ______________________________ Cell Phone #:

5.Date of the Marriage: ___________________ Place of Marriage: __________________________ (City/State)

6.Date the parties separated: ______________________

www.courts.state.co.us/Forms/family

 

 

JDF 1101 - Petition for Dissolution or Separation (Marriage)

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7.A party to the marriage is presently expecting a child not presently expecting a child

8.The following child(ren) was/were born or adopted of this marriage. (attach a second sheet, if necessary):

Full Name of Child

Present Address

Sex

Date of Birth

Regarding the Indian Child Welfare Act (ICWA):

I am aware of the child or child’s relatives having American Indian/Native American or Alaska Native ancestry.

Name of tribe(s)

NOTE: If you checked that you are “aware” of the child or child’s relatives having any American Indian/Native American or Alaska Native ancestry, you must complete and file with the court, JDF 1350 – Indian Child Welfare Act (ICWA) Assessment Form.

I am not aware of the child or child’s relatives having any American Indian/Native American or Alaska Native ancestry.

9.The child(ren) listed above have lived in Colorado for a minimum of 182 days prior to the filing of this Petition

or since birth if under six months of age. Yes No If No, please state the name of child, name of person child lived with and the month, date and year when each child most recently moved to Colorado.

Full Name of Child

Name of Person Child Lived

with

State Moved Month Day Year

From

10.I/We understand that 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.

11.Each party has a continuing duty to inform the Court of any proceeding in this or any other state that could affect the current proceeding.

12.I/We understand that the Court may review any case involving the children, Petitioner, Co-Petitioner/ Respondent and other parties named in this Petition that have been filed in any Court.

13.I/We have participated in the following proceeding(s) regarding the child(ren) as a party or a witness, or in any other capacity concerning the allocation of parental responsibilities including decision-making, child support and parenting time with the child(ren). Identify name of court, case number, state, date, and type of proceeding if any.

Name of Court

Case Number

State

Date of Proceeding

Type of Proceeding

JDF 1101 - Petition for Dissolution or Separation (Marriage)

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14.I/We know of the following proceeding(s) that could affect the current proceeding including, but not limited to proceedings relating to domestic violence or domestic abuse, enforcement of Court orders, protection/restraining orders, termination of parental rights, and adoptions. Identify name of court, case number, state, date, and type of proceeding if any.

Name of Court

Case Number

State Date of Proceeding

Type of Proceeding

15.The following people are not parties in this matter, but have physical custody of the child(ren) or claim rights of parental responsibilities, legal custody or physical custody, or visitation/parenting time with the child(ren). Identify name and address of those persons, if any.

Full Name of Person

Address (Street, City/State, Zip Code)

16.Required Notice of Human Services Involvement.

The parents or dependent child(ren) listed on this Petition has/have received within the last five years, or is/are currently receiving benefits or public assistance from the state Department of Human Services or the County

Department of Social Services. No Yes If your answer was Yes, complete the following:

Name of Person Receiving Benefit

Name of County and State

Case Number Month/Year

17.Required Notice of Prior Protection/Restraining Orders.

Have any Temporary or Permanent Protection/Restraining Orders to prevent domestic abuse or any Criminal Mandatory Protection/Restraining Orders (MRO) or Emergency Protection Orders been issued against either party within two years prior to the filing of this Petition?

No

Yes

If your answer was Yes, complete the following:

The Protection/Restraining Order was Temporary Permanent MRO and issued against

______________________________ in a Municipal Court County Court District Court in the County of

______________, State of ______________, in case number _______________ on ______________ (date).

What was the subject matter of the Protection/Restraining Order or Emergency Protection Order?

18.Notice of Existing Case with Child Support Enforcement (CSE)

The parents have filed a case with CSE? No Yes If Yes, identify the case number: _____________

JDF 1101 - Petition for Dissolution or Separation (Marriage)

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19.I/We ask that the Court enter orders regarding the status of the marriage, best interests of the child(ren), maintenance (spousal support) child support, division of property and debts, attorney fees and costs, if appropriate, restoration of the previous name of a party, and any other necessary orders.

20.The Petitioner Co-Petitioner requests that the Court restore his/her prior full name to

______________________________________.

Notice: Colorado Revised Statutes §14-10-107, 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 automatic temporary injunction, or modification or revocation under §14-10-108, C.R.S. or any other appropriate statute.

1.Both parties are 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 for all extraordinary expenditures made after the injunction is in effect; and

2.Both parties are enjoined from molesting or disturbing the peace of the other party or the minor child(ren); and

3.Both parties are restrained from removing the minor child(ren) of the parties, if any, from the state without the consent of the other party or an Order of the Court; and

4.Both parties are 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 child(ren) or any policy of life insurance that names either of the parties or the minor child(ren) as a beneficiary.

Nothing in this automatic injunction shall prohibit either party from applying to the Court for further orders, an expanded automatic temporary injunction, or orders modifying or revoking this injunction.

Petitioner and Co-Petitioner, if any, acknowledge that he or she has received a copy of, has read, and understands the terms of the automatic temporary injunction set forth in this Petition and the Summons.

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.

VERIFICATION

I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct.

Executed on the ______ day of ________________, _______, at ______________________________________

(date)

(month)

(year)

(city or other location, and state OR country

____________________________________

 

______________________________________

(Printed name of Petitioner)

 

 

Signature of Petitioner

JDF 1101 - Petition for Dissolution or Separation (Marriage)

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____________________________________

Attorney Signature ( if any)

I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct.

Executed on the ______ day of ________________, _______, at ______________________________________

(date)

(month)

(year)

(city or other location, and state OR country

____________________________________

 

______________________________________

(Printed name of Co-Petitioner)

 

Signature of Co-Petitioner

____________________________________

Attorney Signature ( if any)

JDF 1101 - Petition for Dissolution or Separation (Marriage)

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Form Data

Fact Name Description
Purpose of JDF 1101 This form is used to start the process for a dissolution of marriage (divorce) or legal separation in Colorado.
Legal Basis Filed pursuant to Colorado Revised Statutes (C.R.S.) § 14-10-106.
Requirements for Parties Includes detailed information on both the petitioner and the co-petitioner/respondent, such as full legal name, date of birth, length of residency in Colorado, current mailing address, and military status.
Children and Marriage Information Requires details about the marriage, separation, existing children, any expected children, and compliance with the Indian Child Welfare Act (ICWA) for children of American Indian/Native American or Alaska Native ancestry.
Governing Law and Temporary Orders Inherits guidelines from Colorado Revised Statutes, specifically C.R.S. §§ 14-10-107 and 14-10-108, concerning automatic temporary injunctions and other provisional measures upon filing.

Instructions on Utilizing Jdf 1101

Filling out the JDF 1101 form is a crucial step for individuals initiating a process for dissolution or separation in the state of Colorado. This document, detailed but straightforward, requires careful attention to ensure all information is accurate and complete. The form plays a vital part in the legal procedure, providing the court with necessary details about both parties, their children (if applicable), and the specifics of their dissolution or separation. It's important to follow each step meticulously to avoid delays in the legal process.

  1. Start by entering the District Court Colorado County and Court Address at the top of the form.
  2. Fill in the Parties: section with the names of the Petitioner and Respondent (or Co-petitioner if applicable).
  3. For attorneys, enter the Bar Number in the designated space. If you are not represented by an attorney, leave this blank.
  4. Check the appropriate box for either "Dissolution" or "Legal Separation".
  5. If children are involved in the action, make sure to check the appropriate box to indicate this.
  6. Under the "1. This petition is filed pursuant to C.R.S. § 14-10-106" statement, confirm that the marriage is irretrievably broken by not altering this predetermined selection.
  7. Provide Information about the Petitioner as requested, including full legal name, date of birth, length of residency in Colorado, current mailing address, phone numbers, and email address. Check if the petitioner is in the military.
  8. Similarly, provide Information about the Co-Petitioner/Respondent including the same details as requested for the petitioner.
  9. Enter the Date of the Marriage and the Place of Marriage (city/state).
  10. Specify the Date the parties separated.
  11. Indicate whether a party to the marriage is currently expecting a child and if there are any child(ren) born or adopted of this marriage, including their full names, present addresses, sex, and dates of birth.
  12. Address any applicable sections related to the Indian Child Welfare Act (ICWA) by checking the appropriate box.
  13. Confirm the residency of child(ren) in Colorado for the minimum required duration before filing this petition.
  14. Throughout the form, fill in all required fields pertaining to genetic tests, prior court proceedings, existing restraining orders, involvement with human services, and any known proceedings that could affect the current action.
  15. List any required details about maintenance (spousal support), child support, division of property and debts, attorney fees, and if applicable, the restoration of a party's previous name.
  16. Read carefully and agree to the Notice about automatic temporary injunctions by checking the necessary box at the end of the form.
  17. Complete the VERIFICATION section at the bottom with the execution date, location, and the printed name and signature of the Petitioner/Co-Petitioner.
  18. If represented by an attorney, the attorney should also print their name and sign the form.

Once completed, this form must be submitted to the appropriate district court along with any required filing fees. The court will then review the petition and proceed with the next steps in the dissolution or legal separation process. It is advisable to keep a copy of the filled form for personal records.

Obtain Answers on Jdf 1101

FAQ Section on the JDF 1101 Form

  1. What is the purpose of the JDF 1101 form?

    The JDF 1101 form is a legal document used in the state of Colorado to initiate a process for either the dissolution of marriage (divorce) or legal separation. It requires detailed information from the parties involved about their marriage, residency in Colorado, separation, children (if any), and their welfare, among other critical details. This form sets the stage for the court's proceedings regarding the dissolution or separation, including decisions on property division, child support, and custody arrangements.

  2. Who needs to file the JDF 1101 form?

    Any spouse seeking to file for divorce or legal separation in the state of Colorado needs to complete and file the JDF 1101 form. This requirement applies to both petitioners (the person initiating the action) and co-petitioners/respondents (the other spouse). The form must be filed in the district court of the county where either party resides. Fulfilling all sections accurately is vital for the proper handling of the case, especially when children are involved.

  3. What should I do if children are involved in the dissolution or separation?

    • If children were born or adopted during the marriage, you must include their full names, present addresses, sex, and dates of birth.
    • You must also declare whether you are aware of any American Indian/Native American or Alaska Native ancestry for the children, which could involve the Indian Child Welfare Act (ICWA) provisions.
    • Additionally, you're required to confirm whether the children have lived in Colorado for a minimum of 182 days prior to filing the petition, which influences jurisdictional aspects of child custody.

    The form also necessitates disclosure of any ongoing or past legal proceedings involving the children, impacting decisions about their welfare.

  4. What happens after filing the JDF 1101 form?

    After filing the JDF 1101 form, several steps follow:

    • An automatic temporary injunction comes into effect against both parties, prohibiting them from certain actions concerning marital property, disturbing the peace, and removing any minor children from the state without consent.
    • The court might require additional forms or documentation depending on the case specifics, such as financial disclosures or parenting plans.
    • Parties may need to attend hearings or mediation sessions to resolve disputes over asset division, child support, custody, and other issues detailed in the petition.
    • The process culminates in the court issuing a decree of dissolution or legal separation, formalizing the terms of the divorce or separation.

    It is crucial for parties filing this form to stay informed about their obligations and rights throughout the court process, possibly seeking legal advice to navigate the complexities involved.

Common mistakes

Filling out legal forms accurately is crucial to ensure the process runs smoothly and your rights are protected. The JDF 1101 form, a Petition for Dissolution or Separation in Colorado, is no exception. Here are ten common mistakes people make when completing this form:

  1. Not verifying the correct county and court address where the petition should be filed. This can result in delays or the petition being dismissed.

  2. Incorrectly identifying the status of the marriage — whether it's a dissolution or legal separation. This fundamental error can lead to having to refile the petition.

  3. Failing to provide the full legal names and birth dates of both parties. Accuracy here is essential for the legal process.

  4. Omitting or inaccurately reporting the length of residency in Colorado. Residency affects the court's jurisdiction and the applicability of Colorado laws.

  5. Incorrectly stating the date of separation. This date has significant implications for the division of assets and debts.

  6. Not correctly indicating if a party to the marriage is expecting a child or if the Indian Child Welfare Act (ICWA) applies. These details can significantly affect the proceedings, especially regarding child support and custody.

  7. Forgetting to list the children born or adopted during the marriage and their current addresses. This oversight could complicate matters related to custody and support.

  8. Omitting previous or ongoing legal proceedings involving the allocation of parental responsibilities or related issues. The court needs a complete picture to make informed decisions.

  9. Not disclosing the receipt of public assistance or the existence of protection/restraining orders. Such information is crucial for the court's considerations on financial and safety matters.

  10. Improperly requesting orders regarding property division, maintenance, child support, or other issues by not clearly stating the requests or failing to provide necessary details. Clear requests help the court understand your needs and how to address them.

Making these mistakes on the JDF 1101 form can lead to delays, the necessity to refile, or even the petition being dismissed. Ensuring accuracy and completeness when filling out this form is critical to a smooth legal process.

Documents used along the form

When navigating the process of dissolution or separation, the JDF 1101 form serves as a crucial starting point, laying out the foundational requests and information required to initiate proceedings in Colorado. Accompanying this form, several other documents often play a vital role in ensuring thorough and accurate representation of parties' circumstances and wishes. These documents, while not exhaustive, represent common forms that might accompany or follow the JDF 1101 in a typical case.

  • JDF 1111: Sworn Financial Statement - A comprehensive overview of a party's financial situation, including income, expenses, assets, and debts, crucial for decisions on maintenance, child support, and asset division.
  • JDF 1113: Parenting Plan - Outlines the agreement between the parties regarding the care of their children, including allocation of parental responsibilities, parenting time, and decision-making authority.
  • JDF 1115: Separation Agreement - Documents the mutual agreement between parties on various aspects of their separation, including division of property, debts, and spousal maintenance, when applicable.
  • JDF 1201: Affidavit for Decree without Appearance of Parties - Allows for a divorce or legal separation decree to be entered without both parties appearing in court, under certain conditions.
  • JDF 1300: Certificate of Compliance with C.R.C.P. 16.2(e) or 16.2(f) - Certifies that both parties have exchanged required financial disclosures, ensuring transparency and fairness in the division of assets and responsibilities.
  • JDF 1350: Indian Child Welfare Act (ICWA) Assessment Form - Required if there is awareness of the child or children's American Indian/Native American ancestry, ensuring compliance with federal laws protecting the interests of American Indian children.

While the above documents are commonly used alongside the JDF 1101 form, specific circumstances may necessitate additional forms. Each case's unique aspects determine the exact paperwork required, emphasizing the importance of understanding both the legal framework and the personal situations at play. The goal is always to ensure a fair, respectful, and legally sound resolution to the dissolution or separation process.

Similar forms

  • **Petition for Paternity (JDF 1501):** Similar to the JDF 1101 form, the Petition for Paternity also deals with family law issues, specifically establishing paternity for a child. Both forms involve legal proceedings concerning children and may include determinations regarding child support, parenting time, and the legal responsibilities of parents. Like JDF 1101, it requires detailed information about the parties involved and any children.

  • **Petition for Allocation of Parental Responsibilities (JDF 1413):** This document is used to request that the court determine issues relating to the care of children, including decision-making responsibilities and parenting time. Similar to JDF 1101, which may address allocation of parental responsibilities if children are involved in a dissolution or separation, both forms focus on the best interests of the child.

  • **Motion to Modify Child Support (JDF 1403):** Like the JDF 1101 form, which may encompass requests for child support adjustments based on changes in circumstances, this form is specifically used to request a modification of existing child support orders. Both documents serve to address and possibly readjust financial responsibilities towards children.

  • **Stipulation Regarding Parenting Time (JDF 1429):** This document, though specific to agreements on parenting time, shares its focus on children’s welfare with the JDF 1101 form, when dissolution or separation involves children. Both forms aim to formalize arrangements that support the children’s best interests.

  • **Motion to Modify Parenting Time (JDF 1415):** Similar to the JDF 1101 form in cases involving children, this document is used when a party seeks to change established parenting time orders. Both documents are concerned with ensuring arrangements serve the children's needs and can reflect changes in circumstances.

  • **Simplified Petition for Decree of Dissolution of Marriage or Legal Separation (JDF 1201):** This form, used for uncontested dissolutions or separations, parallels the JDF 1101 in allowing parties to outline their agreement on marital issues. Both forms initiate legal proceedings to formally end or alter the status of a marriage, emphasizing the division of assets, responsibilities, and arrangements for children.

  • **Petition for Emancipation (JDF 421):** Though focused on a minor’s request to be legally recognized as independent from parental control, it is similar to JDF 1101 in its association with significant life changes and its requirement for detailed personal information. Both petitions involve a formal request to the court to modify family relationships and responsibilities.

  • **Response to Petition for Dissolution of Marriage or Legal Separation (JDF 1103):** This form is the counterpart to JDF 1101, allowing the other spouse to respond to the petition for dissolution or separation. Both forms are integral steps in the legal process of redefining or ending marital relationships and may involve similar considerations regarding children, property, and financial support.

  • **Affidavit for Decree without Appearance of Parties (JDF 1204):** Used when both parties agree on all terms of their dissolution or separation and wish to finalize without appearing in court, it complements the JDF 1101 by potentially streamlining the process initiated by the latter. Both documents facilitate the legal process of ending or altering marital status with a focus on agreed terms.

  • **Notice of Hearing (JDF 1129):** While not a petition, this form is frequently used in conjunction with the JDF 1101 form to inform parties of scheduled court dates related to the dissolution or separation proceedings. It plays a crucial role in the communication process between the court and the parties involved in family law cases.

Dos and Don'ts

When filling out the JDF 1101 form to file for dissolution of marriage or legal separation in Colorado, there are several key actions to take and mistakes to avoid ensuring the process is completed accurately and effectively. Here are ten recommendations for what you should and shouldn't do:

Do:
  • Read instructions carefully before starting to fill out the form to ensure comprehension of each requirement.
  • Provide complete and accurate information for all questions, including full legal names, addresses, and dates pertinent to the marriage and separation.
  • Check the military status of both parties, as this might affect the proceedings, particularly in how notifications and service of documents need to be handled.
  • Attach additional sheets if necessary, especially when listing children born or adopted during the marriage, to provide complete details as required by the form.
  • Be honest about the children’s residency and the Indian Child Welfare Act status, if applicable, to avoid complications or delays in the proceedings.
Don't:
  • Leave any sections blank unless they truly do not apply to your situation. If a question is not applicable, indicate this with an “N/A” or “None” to show the question was not overlooked.
  • Forget to address custody or financial support for children, if applicable. Failing to provide this information can cause delays and impact court decisions.
  • Misrepresent any facts or details about the marriage, separation, children, property, or anything else requested on the form. Dishonesty can lead to legal consequences and negatively affect the outcome of your case.
  • Ignore the requirement for additional forms related to children, such as the JDF 1350 – Indian Child Welfare Act (ICWA) Assessment Form, if you are aware of American Indian/Native American or Alaska Native ancestry.
  • Submit the form without reviewing for accuracy and completeness. Double-check your entries and ensure that all necessary attachments are included.
  • Attempt to file the form without understanding the implications of what being under an automatic temporary injunction entails, especially regarding marital property, disturbing the peace, and insurance policies.

Misconceptions

Understanding the complexities of legal documents is crucial, especially when dealing with sensitive matters such as the dissolution of marriage or legal separation. Here, we address and clarify common misconceptions about the JDF 1101 form, which is vital for initiating these processes in Colorado.

  • Filing the JDF 1101 guarantees the dissolution or separation will be granted. Simply submitting the form does not ensure that the dissolution or legal separation will be approved. The document begins the process, but the court's review and a final decree are necessary to legally end the marriage or approve the separation.

  • It's only necessary to fill out the JDF 1101 form to complete the process. This form is just the beginning. Depending on your case, additional forms and steps may be required, especially regarding children, division of property, and financial matters.

  • Both parties must file the JDF 1101 together. While co-petitioning is an option, a single party can initiate the process by filing the form. However, the respondent must be properly served after filing.

  • You must hire an attorney to file a JDF 1101. While legal advice is highly recommended, especially in complex cases, individuals can file this form on their own. Understanding legal rights and obligations is critical before making this decision.

  • The form needs to be filed in the county where you got married. The JDF 1101 should be filed in the district court of the county where you or your spouse reside, not necessarily where the marriage took place.

  • Checking the box for children guarantees custody arrangements will be resolved with the form. Indicating that children are involved starts the consideration of their well-being, but determining custody, support, and parenting time requires further documentation and possibly court intervention.

  • The JDF 1101 form will address division of all assets and debts. Mentioning the division of property and debts starts the conversation, but detailed discussions and agreements, or judicial decisions, will define the exact division.

  • Once filed, changes cannot be made to the JDF 1101 form. Modification is possible through legal amendments or by filing additional documentation, especially as circumstances change or if errors are discovered post-filing.

Misunderstandings about the JDF 1101 form could lead to procedural delays or impact the legal outcomes of a dissolution or separation case. It's vital to approach this document with accurate knowledge and possibly seek legal advice to navigate the complexities of family law successfully.

Key takeaways

Filling out and understanding the JDF 1101 form, officially known as the Petition for Dissolution or Legal Separation, is pivotal for parties considering ending their marriage or separating legally in Colorado. Here are 8 key takeaways that can guide parties through this process:

  • Eligibility Criteria: The form begins by confirming the filing is pursuant to C.R.S. § 14-10-106, underlining the requirement that the marriage must be deemed irretrievably broken.
  • Personal Information: Detailed information about both the petitioner and co-petitioner/respondent is required, including full legal names, dates of birth, and current Colorado residency details to ensure jurisdictional requirements are met.
  • Children's Details: If children are involved, the form asks for comprehensive details about each child, including adherence to the Indian Child Welfare Act (ICWA) for children with American Indian/Native American or Alaska Native ancestry.
  • Residency of Children: It's crucial to disclose the duration of the children’s residency in Colorado, reinforcing the state’s jurisdiction in matters concerning child custody and support.
  • Genetic Testing for Paternity: The document stresses understanding that a request for genetic tests could influence decisions regarding the allocation of parental responsibilities. Additionally, it mentions the timing of such tests as critical to their admissibility.
  • Ongoing Duties: Parties are reminded of their ongoing duty to inform the court of any related proceedings in other states that might affect the current case.
  • Previous Legal Proceedings: The form requires disclosure of any prior or ongoing legal proceedings that could impact the court’s decisions, emphasizing the holistic approach the court intends to take.
  • Automatic Temporary Injunction: Upon filing or serving the petition, an automatic temporary injunction comes into effect, restricting both parties from actions that could unfairly prejudice the other with regards to property, insurance policies, and the wellbeing and location of any minor children involved.

This document not only commences the legal process of dissolution or separation but also serves as a comprehensive disclosure of the parties' current circumstances, including financial, legal, and child-related considerations. It underscores the importance of transparency, the protection of involved parties, especially children, and the grave nature of dissolving a marriage under Colorado law.

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