1977, May, Pg. 803. Family Law Newsletter.

6 Colo.Law. 803

Colorado Lawyer

1977.

1977, May, Pg. 803.

Family Law Newsletter

803Vol. 6, No. 5, Pg. 803Family Law NewsletterSenate Bill 502

By the time this month's Newsletter reaches your office, Senate Bill 502 will have been introduced to the House, may be out of committee and may have reached the floor prior to its third reading, but hopefully, not enacted into law.

Senate Bill 502 is a short amendment toC.R.S. 1973, § 14-10-110, subsection (1), adding two paragraphs. It permits the court to grant a dissolution of marriage without a hearing upon the filing of a joint petition stating that there are no minor or dependent children, no claim for alimony and no contest as to property division. Thus, should the Bill pass the House and receive Governor Lamm's approval, it will become possible for many persons to file for a dissolution of marriage and without hearing receive an automatic decree of dissolution in ninety days. The court may hold a hearing at its discretion.

The council of the Family Law Section considered the merits of Senate Bill 502 at its April 7 meeting and agreed vigorously to oppose its passage.

Although it was felt by many that passage would result in abuses of overreaching, coercion and fraud in the filing of petitions for dissolution, the primary reasons for opposition to its passage are the dangers inherent in making far-reaching legal decisions without benefit of hearings or of legal counsel. Take as an example the all-too-common situation where couples decide upon a divorce and within three months reconcile. If they fail to advise the court of their change in circumstance, they can be divorced without their knowledge or consent and therefore create subsequent litigation. The other side of that question is even more problematic. The couple who files, separates, moves and assumes that all is well with their Petition will be in worse shape should the court deny the Petition after ninety days, and with no means of contacting the parties and without the parties' knowledge they can be remarried and on their separate ways to new legal problems and further complicated litigation.

Enactment of Senate Bill 502 would be a problem creator rather than a problem solver. If there is still time, the council of the Family Law Section urges that you contact your State Representative for the defeat of...