The JDF 1101 form serves as a formal petition for dissolution of marriage or legal separation in the state of Colorado, providing a structured framework for presenting the necessary information to the court. This document is crucial for initiating the process in district court, outlining details about the parties involved, the marriage, children, if applicable, and the specific requests being made to the court. To proceed with filing a petition for dissolution or legal separation, click the button below to fill out the form.
The dynamics of family law in Colorado incorporate the standardized use of forms for streamlining legal processes, among which the JDF 1101 form plays a pivotal role for those seeking to alter the status of their marital relationship. This form, serving as a petition for either the dissolution of marriage (commonly known as divorce) or legal separation, provides a structured pathway for parties to formally request the court’s intervention in ending or modifying their marital bond. It is meticulously designed to cover a range of critical information, starting from basic identification and contact details of the parties involved to more complex legal matters such as child welfare considerations in compliance with the Indian Child Welfare Act (ICWA), financial disclosures, and existing court orders related to the family's welfare. Furthermore, the form encompasses essential declarations such as the breakdown of the marriage, requests concerning the division of property, custody arrangements, and financial support, thereby setting the groundwork for the legal proceedings that will determine the future framework of the petitioner and co-petitioner or respondent’s lives post-separation or divorce. Its comprehensive layout ensures that the court receives a clear picture of the petitioners' circumstances, including any previous legal actions and current protective orders, which is vital for the judicious adjudication of the case. Through this form, detailed instructions regarding the automatic temporary injunction that comes into effect upon filing provide both parties with guidelines on the restrictions related to assets and the conduct towards each other and any children involved. As such, the JDF 1101 form embodies a crucial first step in the formal reorganization of familial relationships under Colorado law.
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
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)
R: January 18, 2022
Page 1 of 5
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.
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
Page 2 of 5
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.
State Date 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: _____________
Page 3 of 5
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
Page 4 of 5
Attorney Signature ( if any)
(Printed name of Co-Petitioner)
Signature of Co-Petitioner
Page 5 of 5
Filling out the JDF 1101 form, a petition for dissolution or legal separation in Colorado, is a critical step towards altering your marital situation. The document requires detailed information regarding you, your spouse, and any children involved, adhering to Colorado state law. Thoroughly completing this form ensures clarity and legality in the divorce or separation proceedings. Before beginning, ensure you have all relevant information at hand. Here is a straightforward guide on how to fill out this form.
After completing these steps, review the entire form to ensure no sections have been missed and that all information is accurate. Once satisfied, you are ready to file the document with the appropriate Colorado district court, moving forward with your dissolution or legal separation process.
What is the JDF 1101 form used for?
The JDF 1101 form is used for filing a petition for dissolution of marriage (divorce) or legal separation in Colorado. It serves as an official request to the court to begin the process of ending or separating a marriage under the legal jurisdiction of the state of Colorado.
Who needs to fill out the JDF 1101 form?
Either or both spouses seeking a divorce or legal separation in Colorado must fill out the JDF 1101 form. The form can be submitted by one party as the petitioner, or both parties can file jointly as co-petitioners.
What are the residency requirements mentioned in the JDF 1101 form?
The residency requirements stipulate that at least one of the spouses must have lived in Colorado for a minimum of 91 days before filing the petition. For issues involving children, the children must have lived in Colorado for at least 182 days prior to the filing.
Is there a requirement to have legal representation to file the JDF 1101 form?
No, it is not mandatory to have legal representation to file the JDF 1101 form. Individuals can represent themselves in court. However, considering the complexities of family law, seeking legal advice can be beneficial.
How does the automatic temporary injunction mentioned in the form affect the parties?
The automatic temporary injunction prevents either party from transferring or disposing of marital property, disturbing the peace of each other or any children involved, removing any children from the state, or canceling or altering any insurance policies without the other party's consent or a court order. It is designed to maintain the status quo during the divorce or separation process.
What is the process after filing the JDF 1101 form?
After the JDF 1101 form is filed, the court will review the petition and may set a hearing date. Both parties will be involved in the legal process, which includes exchanging financial information and discussing terms like property division, child custody, and support. The court will issue a decree of dissolution or legal separation once all matters are settled.
Can amendments be made to the JDF 1101 form after filing?
Yes, amendments can be made to the JDF 1101 form after it has been filed with the court, but this typically requires filing additional legal documents outlining the proposed changes. The court's permission may be needed for substantial amendments.
What happens if children are involved in the dissolution or separation?
If children are involved, the JDF 1101 form requires additional information, including compliance with the Indian Child Welfare Act (ICWA) if applicable. The court will prioritize the best interests of the children, determining custody, child support, and parenting time.
What information is needed regarding previous legal proceedings involving the children?
The form requires disclosing any previous legal proceedings involving the children, including those related to allocation of parental responsibilities, child support, parenting time, or anything that could affect the current proceedings. This ensures the court has a comprehensive understanding of the children's legal history.
When filling out the JDF 1101 form, a common mistake people make is not providing the full legal name and date of birth of both the petitioner and the co-petitioner/respondent. This information is crucial for identifying the parties involved in the dissolution or legal separation process clearly. Any discrepancy or typo in these details can lead to confusion and potentially delay the proceedings.
Another frequent error occurs with the residency details. The form requires current residency lengths in Colorado for both parties, which is vital to establish jurisdiction. Applicants sometimes overlook this section or provide inaccurate information, not realizing that certain residency requirements must be met for the court to have authority over the case.
Regarding children of the marriage, the form asks whether a child is expected and for details on children already part of the family. Often, petitioners fail to accurately check the relevant box or completely list all necessary child information. This oversight can have significant implications, especially regarding custody arrangements and child support calculations.
Completeness in disclosing information related to the Indian Child Welfare Act (ICWA) is also a key area where mistakes are made. If there is any American Indian/Native American or Alaska Native ancestry related to the child or the child's relatives, this section requires careful attention. Failure to acknowledge and provide detailed information when necessary can lead to legal complications, particularly if ICWA applies to the child custody arrangement.
Additionally, the section on past and ongoing legal proceedings involving the child(ren) or between the parties is often improperly filled. Petitioners sometimes either neglect to mention other legal actions or do not realize the importance of disclosing this information. This lack of transparency can complicate the current case and affect the court’s decisions regarding custody and support.
Many individuals mistakenly believe that they don't need to detail any benefits or public assistance received by either party or the children. However, the form mandates disclosure of any benefits received from the state Department of Human Services or County Department of Social Services within the last five years. Incorrect or incomplete information in this section can impact decisions on child support and spousal maintenance.
Lastly, a common mistake is failing to provide complete and accurate information about any existing protection or restraining orders. This is critical for ensuring the safety and well-being of all parties involved, especially in cases where domestic violence has been an issue. Errors or omissions in this section can have severe legal consequences and jeopardize the protection intended for the petitioner or respondent.
When filing a JDF 1101 form for the dissolution of marriage or legal separation in Colorado, it's often necessary to complete and file additional forms and documents to ensure all matters related to the separation or divorce are addressed. The documents needed can vary based on the couple's situation, especially if there are children involved, property to be divided, or if spousal support is being requested. Below is a list of commonly used forms and documents that may accompany the JDF 1101 form.
It's important for individuals going through a dissolution of marriage or legal separation to be aware of these additional forms and documents. Each plays a vital role in the legal proceedings and affects the outcomes related to financial matters, child custody, and the division of assets. Proper completion and timely filing of these documents with the court can help ensure a smoother legal process and fair resolutions for both parties. Always consider consulting with a legal professional to understand which specific documents are necessary for your situation.
The JDF 1101 form, essential in initiating the proceedings for dissolution or legal separation in Colorado, shares similarities with various other legal documents. One such document is the Summons for Dissolution or Legal Separation (JDF 1102). Similar to the JDF 1101, the Summons informs the other party of the initiated legal action and requires a response. Both forms play pivotal roles in the legal process of dissolving or separating a marriage, with the Summons serving as the formal notification following the filing of the petition outlined in the JDF 1101 form.
Another document similar to the JDF 1101 form is the Case Information Sheet (JDF 1000), which is used to gather essential information about the parties involved in family law cases. Like the JDF 1101, the Case Information Sheet collects data crucial for the legal proceedings, including the names, addresses, and contact information of the parties. Both documents are necessary for the court to process and manage the case, ensuring that the proceedings are conducted efficiently and effectively.
The Sworn Financial Statement (JDF 1111) also shares characteristics with the JDF 1101 form. This document requires detailed information about a party's financial situation, similar to how the JDF 1101 may necessitate disclosing financial information for purposes such as spousal or child support. Both forms contribute critical data for the court's considerations in making decisions regarding the financial aspects of dissolution or separation, impacting the determination of support payments and division of assets.
Lastly, the Parenting Plan (JDF 1113) parallels the JDF 1101 when children are involved in the dissolution or legal separation process. The Parenting Plan outlines the agreement between the parties regarding the care of their children, touching on aspects addressed in the JDF 1101 concerning parental responsibilities. Both documents aim to protect the best interests of the children during and after the legal proceedings, highlighting the importance of thoughtful planning and agreement on parenting matters.
When filling out the JDF 1101 form for a petition for dissolution or separation, it is critical to pay attention to both what you should and shouldn't do to ensure accuracy and compliance with the legal requirements. Here are eight key points to consider:
Completing the JDF 1101 form accurately and responsibly is essential for the legal process of dissolution or separation to proceed smoothly. Taking care to adhere to these dos and don'ts can help avoid unnecessary delays and ensure that your petition is processed efficiently.
Understanding the complexities of legal forms is crucial, especially when it comes to family law. The JDF 1101 form, a petition for the dissolution of marriage or legal separation in Colorado, is no exception. Unfortunately, several misconceptions surround this form, leading to confusion and potential errors in filing. Let's address some of these misunderstandings to foster a better grasp of the process.
Misconception 1: The JDF 1101 form is only for divorce proceedings. While the form is commonly used for divorce, it's also applicable for legal separations. Understanding the distinction between the two legal actions is important, as they carry different legal and personal implications.
Misconception 2: You must have lived in Colorado for at least a year to file the JDF 1101. The actual requirement is a residency of 91 days before filing for dissolution or separation in the state. This misconception could prevent individuals from moving forward with their case in a timely manner.
Misconception 3: Military service exempts you from using the JDF 1101. On the contrary, the form includes specific sections to be checked if either party is in the military. This ensures that the unique aspects of military service are considered in the proceeding.
Misconception 4: If children are involved, a separate form is needed. While the JDF 1101 form does include sections related to children, such as custody and support, it's designed to encompass the entire dissolution or separation process, including issues pertaining to children.
Misconception 5: Filling out the JDF 1101 alone is sufficient for the legal process. Completing the form is just the beginning. The process involves multiple steps, including serving the documents on the other party and possibly attending court hearings.
Misconception 6: The form doesn't cover domestic violence protection orders. The JDF 1101 does request information about any protection or restraining orders, ensuring that the court is aware of such crucial circumstances.
Misconception 7: You don't need to disclose ongoing cases involving your children. The form requires information about any proceeding that could affect the case, including those concerning the children, to provide a holistic view of the family's situation to the court.
Misconception 8: Petitioner and co-petitioner/respondent information is optional. Detailed information for both parties is crucial for the legal process. This includes full legal names, dates of birth, and current addresses, among others, to accurately identify and communicate with the involved parties.
Misconception 9: Attorney information is not necessary on the form. If either party is represented by an attorney, their information must be included on the form. This ensures proper legal procedure and allows for adequate communication between legal representatives and the court.
Dispelling these misconceptions is key to navigating the legal process with confidence. Understanding the JDF 1101 form thoroughly ensures that individuals can accurately complete their petitions for dissolution or legal separation, laying a clear path toward resolving their marital status under Colorado law.
When embarking on the legal journey of a dissolution (divorce) or legal separation in Colorado, it is crucial to grasp the intricacies of the JDF 1101 form. This document marks the initial step in the formal proceedings to legally end or separate a marriage. Here are some key takeaways to guide individuals through this process:
Understanding and meticulously completing the JDF 1101 form is the first step in navigating the complex terrain of legal separation or dissolution. It ensures the legal process is initiated with a thorough and accurate representation of the parties' circumstances and wishes, paving the way towards a legally binding resolution that respects the interests of all involved. This form thus plays a vital role in protecting rights, assets, and family dynamics during a significant life transition.
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