ICWA Declaration Of Non-Indian Heritage (Domestic And Probate) {JDF 1351}

JDF 1201 R 2 - 1 8 AFFIDAVIT FOR DECREE WITHOUT APPEARANCE OF PARTIES Page 1 of 2 District Court County, Colorado Court Address: In re the Marriage of: Petitioner: a nd Co - Petitioner/Respondent: COURT USE ONLY Attorney or Party Without Attorney (Name and Address) : Phone Number: E - mail: FAX Number: Atty. Reg. #: Case Number: Division Courtroom AFFIDAVIT FOR DECREE WITHOUT APPEARANCE OF PARTIES (MARRIAGE) Please complete the appropriate information in Numbers 1 7 prior to filing with the Court. The Petitioner and/or Co - Petitioner/Respondent files this A ffidavit in support of a request for issuance of a Decree of Dissolution of Marriage or a Decree of Legal Sep a ration without appearance of the parties. 1. The Petition for Dissolution of Marriage /Petition for Legal Separation was filed on (date). On that date, Petitioner and/or Co - Petitioner/Respondent (name) had been domiciled in Colorado for more than 91 days immediately before the P etition for Dissolution of Marriage /Petition for Legal Separation was filed. 2. The Petition and Summons were served by: (check one) A Co - Petitioner filing. (When both parties sign the Petition JDF 1101) Personal service (service by Return of Service/Affidavit of Service) on (date). Waiver of service (Respondent signs Waiver to accept service) signed on (date). Publication/Certified Mail ( Note: Service by either of these methods is only allowed by Court Order.) The publication occurred on ( date ) OR the return receipt for Certified Mail was signed by the Respondent on (date). 3. There are no minor child(ren) and a party to the marriage is not presently expecting a child . O r There are minor child(ren) and each party is represented by counsel . T he parties have completed a P arenting P lan that provides for the allocation of parental responsibilities (d ecision - making responsibilities and parenting time) and have reached an agreement with respect to child support , and medical/dental insurance of the child(ren) of th e marriage. T he Parenting Plan is in the best interests of the child (ren) . (The Parenting Plan must be filed with the Court.) 4. Check only one. The parties have signed a written S eparation A greement . The parties have completed a Separation A greement that provides for the division of all marital property and marital debts, and addresses spousal support/maintenance . Th e parties agree that the S eparation A greement is fair and not unconscionable O r There is no marital property to be divided and there are no marital debts and neither party requests spousal support /maintenance. 5. Petitioner Co - Petitioner/Respondent acknowledge (s) that they have reviewed the mainte nance guidelines contained in 24714 - 10 - 114, C.R.S. 6. T he parties agree that t here are no genuine issues of material fact and the marriage is irretrievably broken. 7. The Petitioner Co - Petitioner/Respondent wishes to have the prior full name of restored. The restoration of the prior name will not defraud any creditors or injure third parties. American LegalNet, Inc. www.FormsWorkFlow.com JDF 1201 R 2 - 1 8 AFFIDAVIT FOR DECREE WITHOUT APPEARANCE OF PARTIES Page 2 of 2 8. Other: The Petitioner and/or Co - Petitioner/Respondent request that the attached Decree of Dissolution of Marriage /Decree of Legal Separation be entered after the statutory waiting period has elapsed. 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. VER IFI CATION 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 ( P rinted name of Petitioner) Signature of Pe titioner Address City State Zip Code Home Phone # Cell Attorney Signature, if any 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 ( P rinted name of Co - Petitioner /Respondent ) Signature of Co - Petitioner / Respondent Address City State Zip Code Home Phone # Cell Attorney Signature, if any CERTIFICATE OF SERVICE ( If only one party signs this Affidavit, you must complete the Certificate of Service below.) I certify that on (date) a true and accurate copy of the AFFIDAVIT FOR DECREE WITHOUT APPEARANCE OF PARTIES (MARRIAGE) was served on the other party by: Hand Delivery, E - filed, Faxed to this number , or by placing it in the United States mail, postage pre - paid, and addressed to the following: To: (Your signature) American LegalNet, Inc. www.FormsWorkFlow.com