JEFFERSON COUNTY DISTRICT COURT



1. Forms

The Clerk’s office is located on the 1st floor at: 100 Jefferson County Parkway, Golden, CO 80401.

Forms may be obtained at no cost from the Colorado Court’s Homepage courts.state.co.us or in the Court Clerk’s Office for a fee. Many of the forms are available in Spanish under the Forms tab.

Steps to obtaining forms on the website:

Step one: Select Forms tab

Step two: Select Domestic/Family

Step three: Scroll down and select File A New Case

You will need the following forms:

JDF 1000 Case Information Sheet

JDF 1101 Petition for Dissolution of Marriage or Legal Separation

JDF 1102 Summons

JDF 1104 Certificate of Compliance with C.R.C.P. 16.2(e)

JDF 1111 Sworn Financial Statement

JDF 1115 Separation Agreement

JDF 1116 Decree

JDF 1201 Affidavit for Decree without Appearance of Parties (If you agree on all

issues, you may proceed by filing this form. It must be signed, dated, and

notarized by both parties.)

*** Additional forms may be required on a case by case basis ***

2. Definitions

A petition for dissolution of marriage (divorce) requests termination of a marriage.

A petition for legal separation requests a court order to arrange the terms of allocation of parental responsibilities, child support, maintenance, debts, and property division under which a married couple will live separately.

A petitioner is a person filing a formal written application to a court requesting judicial action.

A co-petitioner is a person filing together with the petitioner a formal written application to a court requesting judicial action. You are Co-Petitioners if both parties’ signatures appear on the Petition and are properly notarized. You do not need to have a Summons issued or submit a Waiver of Service.

A respondent is the person against whom an action is being taken.

A hearing date is the date when the parties will appear before the court to provide testimony prior to the entry of the decree. The decree usually enters the same day as the hearing.

An initial status conference (ISC) is required to be held within 42 days of the date of filing your case. If neither party is represented by an attorney, the ISC will be scheduled with the Domestic Family Court Facilitator. If one party is represented by an attorney, the ISC will be scheduled with a Magistrate.

3. Filing Fees

Filing a Dissolution of Marriage or Legal Separation case costs $195.00.

Filing a Response to the Petition, or the Respondent’s first pleading, costs $95.00.

The filing fee may be waived if a party is determined by the court to be indigent. To apply for the fee waiver, complete the Motion to File without Payment and Supporting Financial Affidavit (JDF 205) and a blank Order (JDF 206) and file them with the court. Once the documents are submitted, the court will determine whether the fee can be waived.

*** FILING FEES ARE SUBJECT TO CHANGE ***

**All fees paid are non-refundable**

Other fees that a party may encounter:

← Service Fees vary (not payable through or to the court)

← Certification Fee $ 13.00

← Copies of Documents on file $ .75 per page or $ 1.50 if double-sided

← Copies of Documents not on file $ .25 per page or $ .50 if double -sided

4. Opening Your Case

One of the parties must have resided in Colorado for at least 91 days prior to the filing of the Petition. If this time requirement is not met at the time the case is filed, the court does not have jurisdiction over the dissolution of marriage or legal separation.

To file your case, you must complete and submit the original Petition, Case Information Sheet, and pay the filing fee. If parties are not filing together as Co-Petitioners, you must also file a Summons. The Petition, Summons (if required), and the Case Information Sheet are the only forms needed to begin your case. The Case Information Sheet must be completely filled out, including parties’ social security numbers, in order to process cases involving maintenance.

**Please use BLACK or BLUE ink when completing forms. All documents MUST be typed or written legibly, and signatures notarized where required. If something does not apply, please indicate that by stating “not applicable” or “N/A”. DO NOT file incomplete documents. It is preferred that parties do not use white out on legal documents. To correct mistakes, please draw a line through the error and fill in the correct information.

It is the parties’ responsibility to keep the court informed of current contact information. This is done by completing the NOTICE OF CHANGE REGARDING CONTACT INFORMATION and filing it with the court (JDF 1312).

5. Filing Forms with the Court

All documents must be filed at the Domestic window in the Clerk’s Office. You cannot file documents in your assigned courtroom or division. You should file the original of all documents, and must always include your case number. The Clerk’s Office can notarize the documents pertaining to your case at no cost.

If you are not able to file documents at the court, you may file documents by mail. Please send documents to Clerk of Court, 100 Jefferson County Parkway, Golden, CO 80401. Each document must include your case number. Please allow at least 10 days for your documents to be received and processed by the court.

You should keep a copy of all documents filed with the court for your own records. If you want a date stamped copy of the document, bring an extra completed copy of the document being filed and the court will date stamp your copy at the time you file the original.

6. Change of Name

If one party desires to have a prior name restored, they must indicate this on the Petition, the Decree and the Affidavit for Decree without Appearance of Parties, if applicable.

7. Service

If you are not filing as Co-Petitioners, the Petitioner must provide proof to the court that the Respondent was provided with notice of the Petition. Prior to having the Summons served or the waiver and acceptance of service signed, the Summons must be signed by the Clerk’s Office or by an attorney. Personal service is NOT accomplished by mailing the documents to the other party, even if certified. Service must be done in one of the following ways:

1. Personal Service - The Summons and a copy of the Petition may be served by the Sheriff’s Department or a person age 18 or older who is not a party to the action. The completed Return of Service, which is printed on the back of the Summons (JDF 1102), must then be filed in the Clerk’s Office.

* For further explanation of personal service, please see the following YouTube video . (If you have trouble with the link, you can also go to the YouTube homepage and search for “service of process in Colorado”).

2. Waiver and Acceptance of Service - The Waiver, which is printed on the back of the Summons (JDF 1102), must be dated, signed by the Respondent before a notary public or a deputy court clerk, and filed in the Clerk’s Office.

8. Respondent files a Response (JDF 1103)

The Respondent must file a Response to the Petition. The filing fee is $95.00. The filing fee may be waived if a party is determined by the court to be indigent. See #3 above for more information about the fee waiver.

The purpose of the Response is for the Respondent to state in writing whether he/she agrees or disagrees with the information in the Petition. The Respondent must file the original with the court and mail a copy to the Petitioner. The Respondent may not be allowed to participate in the permanent orders hearing if he/she has not filed a Response.

9. Publication

You must attempt personal service. If personal service is unsuccessful and you do not know the whereabouts of the Respondent, complete the Motion and Order for Publication (JDF 1301 and JDF 1302). Attach proof of attempted service.

The court will publish all notices of publication by consolidated notice in the Golden Transcript newspaper. Please include $5.00 for the cost of the publication when you file the motion and order for publication. The publications are sent to the paper on the 20th day of each month. It takes about 10 days for the court to receive proof of publication.

If your case requires publication of summons, it is your responsibility to publish notice in a local newspaper for 5 consecutive weeks. You are responsible for publication costs.

When the proof of publication is in the case file, you may set your case for hearing. If you obtain service by publication, you will be required to appear in person for the hearing and provide the court with testimony regarding the facts of your case.

10. Setting an Initial Status Conference

An Initial Status Conference is required to be held within 42 days of the date of filing your case. After the Petition is filed with the court, the Domestic Setting Clerk will issue a Case Management Order. The Case Management Order will contain the date of the Initial Status Conference. Unless the parties filed their case together as Co-Petitioners, it is the Petitioner’s responsibility to mail a copy of the Case Management Order with the date of the Initial Status Conference to the Respondent. Failure to attend the Initial Status Conference may result in the dismissal of your case.

11. Sworn Financial Statement (JDF 1111)

The financial statement must be completed for the court to review at the Initial Status Conference. A financial statement must be completed by each party and must include all current and accurate financial information. Parties must provide a copy of their financial statement to one another. Parties must update the court if their financial information changes by filing a new financial statement.

12. Certificate of Compliance with Mandatory Financial Disclosures (JDF 1104)

Each party is required to exchange the Mandatory Disclosures as required by the Colorado Rules of Civil Procedure, Rule 16.2(e). Each party must file with the court the Certification of Compliance, form JDF 1104, to show the court the disclosures have been provided to the other party. DO NOT FILE THE DISCLOSURES THEMSELVES WITH THE COURT, just provide copies of the disclosures to the other party.

13. Separation Agreement (JDF 1115)

A separation agreement is required in DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION cases. If parties have a full agreement, the document must be signed, dated, and notarized by both parties.

The Separation Agreement must address:

□ Payment of all debts incurred during the marriage.

□ Division of all property, real and personal, acquired during the marriage. (This includes real estate, furniture, household goods, vehicles, bank accounts, retirement accounts, businesses, etc.)

□ Spousal Maintenance (Alimony) as to both parties. (If maintenance is being waived, this must be indicated in writing).

14. Final Decree (JDF 1116)

The decree must be completed by one of the parties and submitted to the court. Only complete the caption box, part 1 addressing the court’s jurisdiction, and a party’s name change (if applicable) on the second page. The rest of the form will be completed by the Judge or Magistrate. You may file this at any time, but it must be in the court file before the hearing date so the Judge or Magistrate can sign it.

The court will send you a copy of the decree once the Judge or Magistrate has approved it. If you would like a certified copy of the decree, there is a fee of $13.00 fee. If you are requesting a certified copy of the decree by mail, send the court a self-addressed stamped envelope, a photocopy of the decree, and $13.00 for certification.

15. Converting a Decree of Legal Separation to Decree of Dissolution of Marriage

You must wait 6 months after the entry of a Decree of Legal Separation to request that it be converted to a Decree of Dissolution of Marriage. Either party may make the request by filing a motion and proposed order (JDF 1321 & JDF 1322), along with proof that the other party received a copy of the motion. The filing fee is $53.00. The party should also provide a Decree of Dissolution of Marriage for the Judge or Magistrate to sign (see #14 above).

16. Alternative Dispute Resolution Options: If you and your spouse cannot reach agreement on some issues, you may be required to complete a form of alternative dispute resolution.

3. Mediation: The mediator is a neutral party and can be an attorney, therapist or other professional. The mediator’s job is to help a couple communicate and to resolve the various aspects of the divorce. Thus, the mediator does not typically make specific recommendations regarding settlement, though some mediators may give their opinion if asked to do so. Couples may attend with or without attorneys, depending upon the preference of the mediator and parties. This is a confidential process and the mediator is not involved in any court proceedings. Mediation services are available through the Colorado State Judicial Department’s Office of Dispute Resolution at (303) 837-3672, Jefferson County Mediation Services at (303) 271-5060, or you may retain a private mediator.

4. Mediation/Arbitration Model: The couple attempts to come to a settlement via mediation. However, if not all of the issues are settled, the mediator puts on a different “hat”, becoming an arbitrator who will make the decision for the parties. In arbitration, the parties or their attorneys present their case, including the use of witnesses and exhibits, to the arbitrator for a decision. This is a confidential process as described above.

5. Collaborative Law Model: This involves attorneys, generally mental health professionals, and or financial specialists, specifically trained in the Collaborative process who work as a team to help the parties develop their own settlement options. The attorneys agree in writing with their clients that they will not participate in litigation, and if the parties choose to leave the Collaborative process in order to pursue litigation, both attorneys agree to be disqualified from further representation and refer the divorcing couple to other attorneys who will represent them in litigation. This model is, in general, confidential though some information that would be useful or otherwise discoverable can be used in court proceedings, such as financial affidavits.

6. ENE or Early Neutral Evaluation: For parenting issues and/or financial issues. This is a confidential process that involves a 2 person team of professionals, generally an attorney and a mental health professional. The team meets with the divorcing couple, and with their attorneys (if they are represented) for a settlement conference. The parties share their stories and information about the separation and family members. The team indicates that, based on the information provided, they would make the following recommendations for settlement. Typically this is focused on the parenting plan for the children, though it can involve recommendations for a financial settlement. After these recommendations are made, the team and the parties then enter into settlement negotiations.

7. Parenting Plan Consultation: There are attorneys and mental health professionals who assist divorcing couples in developing a comprehensive parenting plan. Parties meet with a professional to attempt to reach agreement on the parenting plan to be filed with the court. There are variations to this general model including one that involves interest based negotiation and developmental consultation. This is typically a confidential process.

17. Informational Clinic for Doing Your Own Divorce/Legal Separation

On the second Wednesday of each month from 12 p.m. to 1:30 p.m., an informational clinic is offered to litigants without attorneys. Each clinic is designed to provide information on filing a simple divorce/legal separation without the assistance of an attorney. The clinic is informational only and will cover the following procedures and forms:

* Initial Filings * Sworn Financial Statements * Maintenance

* Temporary Orders * Separation Agreements

The clinic is held in the Jury Commissioner’s Office. No reservation is required to attend the clinic. The clinic begins promptly at noon.

Rev. 8/2012

-----------------------

PLEASE READ ALL OF THESE INSTRUCTIONS VERY CAREFULLY PRIOR TO FILING YOUR CASE.

COURT STAFF ARE NOT PERMITTED TO PROVIDE LEGAL ADVICE OR HELP YOU COMPLETE THE FORMS.

THESE INSTRUCTIONS ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL ADVICE ABOUT YOUR CASE. IF YOU CHOOSE TO REPRESENT YOURSELF, YOU ARE BOUND BY THE SAME RULES AND PROCEDURES AS AN ATTORNEY.

The Colorado Revised Statutes can be found on the Colorado Court Website

under the Legal Community link.

JEFFERSON COUNTY DISTRICT COURT

INSTRUCTIONS FOR FILING A NEW DISSOLUTION OF MARRIAGE (DIVORCE) OR LEGAL SEPARATION CASE WITHOUT CHILDREN

To help reduce the amount of time you wait in line to file your paperwork, you are strongly encouraged to print forms from the internet, complete them thoroughly, and make copies of the completed forms prior to arriving at the courthouse.

The court provides this information as a courtesy. The court staff cannot answer questions on legal issues. It is your responsibility and not the responsibility of the court clerks or courts to prepare and submit adequate and complete documents. If your case is complex or you have additional questions, please obtain or consult legal counsel.

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download