14-10-120.3. Dissolution of marriage or legal separation upon affidavit - requirements.

Statute text

(1) Final orders in a proceeding for dissolution of marriage or legal separation may be entered upon the affidavit of either or both parties when:

(a) There are no minor children of the husband and wife and the wife is not pregnant or the husband and wife are both represented by counsel and have entered into a separation agreement that provides for the allocation of parental responsibilities concerning the children of the marriage and setting out the amount of child support to be provided by the husband or wife or both; and

(b) The adverse party is served in the manner provided by the Colorado rules of civil procedure; and

(c) There is no genuine issue as to any material fact; and

(d) There is no marital property to be divided or the parties have entered into an agreement for the division of their marital property.

(2) If one party desires to submit the matter for entry of final orders upon an affidavit, the submitting party shall file his or her affidavit setting forth sworn testimony showing the court's jurisdiction and factual averments supporting the relief requested in the proceeding together with a copy of the proposed decree, a copy of any separation agreement proposed for adoption by the court, and any other supporting evidence. The filing of the affidavit does not shorten any statutory waiting period required for entry of a decree of dissolution or decree of legal separation.

(3) The court shall not be bound to enter a decree upon the affidavits of either or both parties, but the court may, upon its own motion, require that a formal hearing be held to determine any or all issues presented by the pleadings.

History

Source: L. 82: Entire section added, p. 303, 1, effective May 22. L. 98: (1)(a) amended, p. 1399, 45, effective February 1, 1999. L. 2012: IP(1) and (2) amended, (HB 12-1233), ch. 52, p. 187, 2, effective July 1.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "Legislative Activities in Family Law", see 11 Colo. Law. 1560 (1982). For article, "Mediation and the Colorado Lawyer", see 11 Colo. Law. 2315 (1982).