Chapter 3 - § 3.5 • PLEADINGS

• Jurisdiction: Colorado

§ 3.5 • PLEADINGS

§ 3.5.1—Petition

The petition, per C.R.S. § 14-10-107(2), must allege that the parties' marriage is irretrievably broken. It must also reflect the following: the residence of each party; length of residence of each party in the state of Colorado, as applicable; date and place of marriage; date of separation, if applicable; names, ages, and current addresses of children of the marriage, if applicable; a statement as to whether the wife is pregnant; any agreements as to parental responsibilities, child support, or maintenance; and the relief sought. C.R.S. §§ 14-10-107(2)(a) through (f). There must also be an acknowledgment, in the petition, that the petitioner, and co-petitioner if so filing, has received a copy of, has read, and understands the automatic temporary injunction required per C.R.S. § 14-10-107(4)(b). A sample form is included as Exhibit 3A to this chapter.

If there are minor children of the marriage, the petition, or an attached affidavit, must reflect specific information about the children pursuant to C.R.S. § 14-13-209.

With the filing of the petition, a notice of involvement with the department of human services is also to be filed, or the language included in the petition itself. C.R.S. § 14-10-107.7. Also required is a notice of prior restraining or protection orders to prevent domestic abuse. C.R.S. § 14-10-107.8. Forms of these notices are included in the petition in Exhibit 3A.

A summons is also to be filed with the petition, with the form to be in accordance with C.R.C.P. 4(c) and C.R.S. § 14-10-107. See Exhibit 3B.

§ 3.5.2—Response/Counter-Petition

The response to any petition for dissolution of marriage is to be filed within 21 days after service of the summons if served within Colorado. If service was made upon the respondent outside the boundaries of Colorado, the response is to be filed within 35 days of service. C.R.S. § 14-10-105; CRCP. 12(a). A response is necessary to reflect any inaccuracies in the petition, as well as additional issues the respondent wants the court to address and any different relief the respondent seeks. Additionally, if no response is filed, the petitioner may unilaterally dismiss the action against the wishes of the respondent and without the necessity of court approval. C.R.C.P. 41(a)(1).

There is a filing fee for a response, which is to be submitted at the time of filing the response.

§ 3.5.3—Joinder of Parties

There are many fact patterns in family law cases that could give rise to...